Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
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---
type: "LegalText"
title: "49 U.S.C. § 103"
description: "Federal Railroad Administration"
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title_number: 49
title_name: "TRANSPORTATION"
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citation: "49 U.S.C. § 103"
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---
# 49 U.S.C. § 103 - Federal Railroad Administration
## Text
(a) In General.— The Federal Railroad Administration is an administration in the Department of Transportation.
(b) Safety.— 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.
(c) Safety as Highest Priority.— In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in railroad transportation.
(d) Administrator.— The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in railroad safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.
(e) Deputy Administrator.— The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(f) Chief Safety Officer.— The Administration shall have an Associate Administrator for Railroad Safety appointed in the career service by the Secretary. The Associate Administrator shall be the Chief Safety Officer of the Administration. The Associate Administrator shall carry out the duties and powers prescribed by the Administrator.
(g) Duties and Powers of the Administrator.— The Administrator shall carry out—
(1) duties and powers related to railroad safety vested in the Secretary by section 20134(c) and chapters 203 through 211 of this title, and by chapter 213 of this title for carrying out chapters 203 through 211;
(2) the duties and powers related to railroad policy and development under subsection (j); and
(3) other duties and powers prescribed by the Secretary.
(h) Limitation.— A duty or power specified in subsection (g)(1) may be transferred to another part of the Department of Transportation or another Federal Government entity only when specifically provided by law. A decision of the Administrator in carrying out the duties or powers of the Administration and involving notice and hearing required by law is administratively final.
(i) Authorities.— Subject to the provisions of subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions at the Administration. The authority of the Secretary granted by this subsection shall be carried out by the Administrator. Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, except as provided for in appropriations Acts.
(j) Additional Duties of the Administrator.— The Administrator shall—
(1) provide assistance to States in developing State rail plans prepared under chapter 227 and review all State rail plans submitted under that section; 11 So in original. Probably should be “chapter;”.
(2) develop a long-range national rail plan that is consistent with approved State rail plans and the rail needs of the Nation, as determined by the Secretary in order to promote an integrated, cohesive, efficient, and optimized national rail system for the movement of goods and people;
(3) develop a preliminary national rail plan within a year after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008;
(4) develop and enhance partnerships with the freight and passenger railroad industry, States, and the public concerning rail development;
(5) support rail intermodal development and high-speed rail development, including high speed rail planning;
(6) ensure that programs and initiatives developed under this section benefit the public and work toward achieving regional and national transportation goals; and
(7) facilitate and coordinate efforts to assist freight and passenger rail carriers, transit agencies and authorities, municipalities, and States in passenger-freight service integration on shared rights of way by providing neutral assistance at the joint request of affected rail service providers and infrastructure owners relating to operations and capacity analysis, capital requirements, operating costs, and other research and planning related to corridors shared by passenger or commuter rail service and freight rail operations.
(k) Performance Goals and Reports.— (1) Performance goals.— In conjunction with the objectives established and activities undertaken under subsection (j) of this section, the Administrator shall develop a schedule for achieving specific, measurable performance goals.
(2) Resource needs.— The strategy and annual plans shall include estimates of the funds and staff resources needed to accomplish each goal and the additional duties required under subsection (j).
(3) Submission with presidents budget.— Beginning with fiscal year 2010 and each fiscal year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, at the same time as the Presidents budget submission, the Administrations performance goals and schedule developed under paragraph (1), including an assessment of the progress of the Administration toward achieving its performance goals.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103272, § 5(m)(1), July 5, 1994, 108 Stat. 1375; Pub. L. 103440, title II, § 216, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107217, § 3(n)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 110432, div. A, title I, § 101, div. B, title III, § 307, Oct. 16, 2008, 122 Stat. 4851, 4953; Pub. L. 111350, § 5(o)(1), Jan. 4, 2011, 124 Stat. 3853.)
## Notes
Historical and Revision Notes Pub. L. 97449 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 103(a)49:1652(e)(1) (1st sentence related to FRA).Oct. 15, 1966, Pub. L. 89670, §§ 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. 94348, § 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. 89670, § 6(f)(3)(A), 80 Stat. 940; Aug. 22, 1972, Pub. L. 92401, § 6, 86 Stat. 617; Jan. 3, 1975, Pub. L. 93633, § 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.
Pub. L. 103272Section 5(m)(1) amends 49:103(c)(1) to include a reference to section 20134(c) of the revised title. The reference is included because 45:445 on which section 20134(c) is based provides that the duties and powers under that provision are to be carried out by the Administrator of the Federal Railroad Administration rather than the Secretary of Transportation.
Editorial Notes
References in TextThe date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (j)(3), is the date of enactment of Pub. L. 110432, which was approved Oct. 16, 2008.
Amendments2011—Subsec. (i). Pub. L. 111350, which directed substitution of “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in subsec. (e), was executed to subsec. (i), to reflect the probable intent of Congress. 2008—Subsec. (a). Pub. L. 110432, § 307(1), (2), inserted heading and struck out at end “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.” Subsecs. (b) to (k). Pub. L. 110432, §§ 101, 307(3), (4), added subsecs. (b) to (k) and struck out former subsecs. (b) to (e), which related to: in subsec. (b), Administrator as head of the Administration; in subsec. (c), Administrators duties and powers; in subsec. (d), transfer of duties or powers and effect of Administrators decision; and, in subsec. (e), authority of Secretary of Transportation. 2002—Subsec. (e). Pub. L. 107217 inserted “subtitle I of title 40 and title III of” before “the Federal Property” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”. 1994—Subsec. (c)(1). Pub. L. 103272 substituted “section 20134(c) and chapters 203211 of this title, and chapter 213 of this title in carrying out chapters 203211” for “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))”. Subsec. (e). Pub. L. 103440 added subsec. (e). 1984—Subsec. (c)(1). Pub. L. 98216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Statutory Notes and Related Subsidiaries
Update of Federal Railroad Administration Web SitePub. L. 110432, div. A, title III, § 307, Oct. 16, 2008, 122 Stat. 4881, as amended by Pub. L. 11494, div. A, title XI, § 11316(j)(5), Dec. 4, 2015, 129 Stat. 1677, provided that: “(a) In General.—The Secretary shall update the Federal Railroad Administrations public Web site to better facilitate the ability of the public, including those individuals who are not regular users of the public Web site, to find current information regarding the Federal Railroad Administrations activities. “(b) Public Reporting of Violations.—On the Federal Railroad Administrations public Web sites home page, the Secretary shall provide a mechanism for the public to submit written reports of potential violations of Federal railroad safety and hazardous materials transportation laws, regulations, and orders to the Federal Railroad Administration.” [For definitions of “Secretary” and “railroad”, as used in section 307 of Pub. L. 110432, set out above, see section 2(a) of Pub. L. 110432, set out as a note under section 20102 of this title.]
Funds for Broadband High Speed Internet Service Connection for Federal Railroad Administration EmployeesPub. L. 108447, div. H, title I, § 151, Dec. 8, 2004, 118 Stat. 3222, provided that: “Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 2005, and hereafter, the Federal Railroad Administration may use funds appropriated by this or any other Act to provide for the installation of a broadband high speed internet service connection, including necessary equipment, for Federal Railroad Administration employees, and to either pay directly recurring monthly charges or to reimburse a percentage of such monthly charges which are paid by such employees: Provided, That the Federal Railroad Administration certifies that adequate safeguards against private misuse exist, and that the service is necessary for direct support of the agencys mission.”
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# 49 U.S.C. § 104 - Federal Highway Administration
## Text
(a) The Federal Highway Administration is an administration in the Department of Transportation.
(b) (1) 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.
(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; and
(2) additional duties and powers prescribed by the Secretary.
(d) Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103272, §§ 4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104324, title I, § 101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106159, title I, § 101(c)(2), Dec. 9, 1999, 113 Stat. 1751.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 104(a)49:1652(e)(1) (1st sentence related to FHWA).Oct. 15, 1966, Pub. L. 89670, §§ 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. 89670, § 6(f)(3)(B), 80 Stat. 940; Jan. 3, 1975, Pub. L. 93633, § 113(e)(2), 88 Stat. 2163. 23:401 (note).Sept. 9, 1966, Pub. L. 89564, § 201(b)(1), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89670, § 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91605, § 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.
Editorial Notes
References in TextThe Truman-Hobbs Act, referred to in subsec. (d), is act June 21, 1940, ch. 409, 54 Stat. 497, also known as the Hobbs Bridge Act, which is classified generally to subchapter II (§ 511 et seq.) of chapter 11 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables.
Amendments1999—Subsec. (c). Pub. L. 106159, § 101(c)(2)(A), substituted “; and” for the semicolon at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 315 of this title; and”. Subsecs. (d), (e). Pub. L. 106159, § 101(c)(2)(B), (C), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “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.” 1996—Subsec. (e). Pub. L. 104324 added subsec. (e). 1994—Subsec. (b)(1). Pub. L. 103272, § 4(j)(2), substituted “Administrator” for “Admininstrator” before “who is”. Subsec. (c)(2). Pub. L. 103272, § 5(m)(2), substituted “315” for “31”.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentPub. L. 106159, title I, § 107(a), Dec. 9, 1999, 113 Stat. 1758, provided that: “This Act [see Tables for classification] shall take effect on the date of the enactment of this Act [Dec. 9, 1999]; except that the amendments made by section 101 [enacting section 113 of this title and amending this section, sections 5314 and 5316 of Title 5, Government Organization and Employees, and section 104 of Title 23, Highways] shall take effect on January 1, 2000.”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Elimination of Regional Office ResponsibilitiesPub. L. 105178, title I, § 1220, June 9, 1998, 112 Stat. 221, provided that: “(a) In General.—“(1) Elimination.—The Secretary [of Transportation] shall eliminate any programmatic decisionmaking responsibility of the regional offices of the Federal Highway Administration for the Federal-aid highway program as part of the Administrations efforts to restructure its field organization. “(2) Activities.—In carrying out paragraph (1), the Secretary shall eliminate regional offices, create technical resource centers, and, to the maximum extent practicable, delegate authority to State offices of the Federal Highway Administration. “(b) Preference.—In locating the technical resource centers, the Secretary shall give preference to cities that house, on the date of enactment of this Act [June 9, 1998], the Federal Highway Administration regional offices and are in locations that minimize the travel distance between the technical resource centers and the Federal Highway Administration division offices that will be served by the new technical resource centers. “(c) Report to Congress.—The Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a detailed implementation plan to carry out this section not later than September 30, 1998, and thereafter provide periodic progress reports on carrying out this section to such Committees. “(d) Implementation.—The Secretary shall begin implementation of the plan transmitted under subsection (c) not later than December 31, 1998.”
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# 49 U.S.C. § 105 - National Highway Traffic Safety Administration
## Text
(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 Administrator 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 chapter 301 of this title through the Administrator.
(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103272, § 5(m)(3), July 5, 1994, 108 Stat. 1375.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10523:401 (note).Sept. 9, 1966, Pub. L. 89564, § 201(a) (less pay of Administrator and Deputy Administrator), (b)(2), (c), (d), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89670, § 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91605, § 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. 89564, 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.
Editorial Notes
Amendments1994—Subsec. (d). Pub. L. 103272 substituted “chapter 301 of this title” for “the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)”.
Statutory Notes and Related Subsidiaries
Required Reporting of NHTSA AgendaPub. L. 11494, div. B, title XXIV, § 24401, Dec. 4, 2015, 129 Stat. 1720, provided that: “Not later than December 1 of the year beginning after the date of enactment of this Act [Dec. 4, 2015], and each year thereafter, the Administrator of the National Highway Traffic Safety Administration shall publish on the public website of the Administration, and file with the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual plan for the following calendar year detailing the Administrations projected activities, including— “(1) the Administrators policy priorities; “(2) any rulemakings projected to be commenced; “(3) any plans to develop guidelines; “(4) any plans to restructure the Administration or to establish or alter working groups; “(5) any planned projects or initiatives of the Administration, including the working groups and advisory committees of the Administration; and “(6) any projected dates or timetables associated with any of the items described in paragraphs (1) through (5).”
National Highway Traffic Safety Administration Electronics, Software, and Engineering ExpertisePub. L. 112141, div. C, title I, § 31401, July 6, 2012, 126 Stat. 772, provided that: “(a) Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies.—“(1) In general.—The Secretary [of Transportation] shall establish, within the National Highway Traffic Safety Administration, a Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies (referred to in this section as the Council) to build, integrate, and aggregate the Administrations expertise in passenger motor vehicle electronics and other new and emerging technologies. “(2) Implementation of roadmap.—The Council shall research the inclusion of emerging lightweight plastic and composite technologies in motor vehicles to increase fuel efficiency, lower emissions, meet fuel economy standards, and enhance passenger motor vehicle safety through continued utilization of the Administrations Plastic and Composite Intensive Vehicle Safety Roadmap (Report No. DOT HS 810 863). “(3) Intra-agency coordination.—The Council shall coordinate with all components of the Administration responsible for vehicle safety, including research and development, rulemaking, and defects investigation. “(b) Honors Recruitment Program.—“(1) Establishment.—The Secretary shall establish, within the National Highway Traffic Safety Administration, an honors program for engineering students, computer science students, and other students interested in vehicle safety that will enable such students to train with engineers and other safety officials for careers in vehicle safety. “(2) Stipend.—The Secretary is authorized to provide a stipend to any student during the students participation in the program established under paragraph (1). “(c) Assessment.—The Council, in consultation with affected stakeholders, shall periodically assess the implications of emerging safety technologies in passenger motor vehicles, including the effect of such technologies on consumers, product availability, and cost.”
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# 49 U.S.C. § 107 - Federal Transit Administration
## Text
(a) The Federal Transit 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.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102240, title III, § 3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10749:1608 (note).Reorg. Plan No. 2 of 1968, eff. July 1, 1968, § 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.
Editorial Notes
Amendments1991—Pub. L. 102240 substituted “Federal Transit Administration” for “Urban Mass Transportation Administration” in section catchline and subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 102240, title III, § 3004(a), (b), Dec. 18, 1991, 105 Stat. 2088, provided that: “(a) Redesignation of UMTA.—The Urban Mass Transportation Administration of the Department of Transportation shall be known and designated as the Federal Transit Administration. “(b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administration shall be deemed to be a reference to the Federal Transit Administration.”
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# 49 U.S.C. § 108 - Pipeline and Hazardous Materials Safety Administration
## Text
(a) In General.— The Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation.
(b) Safety as Highest Priority.— In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation.
(c) Administrator.— The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.
(d) Deputy Administrator.— The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(e) Chief Safety Officer.— The Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.
(f) Duties and Powers of the Administrator.— The Administrator shall carry out—
(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the Secretary.
(g) Limitation.— A duty or power specified in subsection (f)(1) may be transferred to another part of the Department of Transportation or another government entity only if specifically provided by law.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103272, § 4(j)(4), July 5, 1994, 108 Stat. 1365; Pub. L. 108426, § 2(a), Nov. 30, 2004, 118 Stat. 2423.)
## Notes
Historical and Revision Notes Pub. L. 97449 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 108(a)49:1655(b)(1), (2).Oct. 15, 1966, Pub. L. 89670, §§ 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. 89670, 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.
Pub. L. 103272Section 4(j)(4) amends 49:108(a) to reflect the intent of 49 App.:1655(b)(2), on which 49:108(a) was based.
Editorial Notes
Amendments2004—Pub. L. 108426 amended section catchline and text generally, substituting provisions relating to Pipeline and Hazardous Materials Safety Administration for provisions relating to Coast Guard. 1994—Subsec. (a). Pub. L. 103272 designated existing provisions as par. (1), substituted “The Coast Guard” for “Except when operating as a service in the Navy, the Coast Guard”, and added par. (2).
Statutory Notes and Related Subsidiaries
Savings ProvisionsPub. L. 108426, § 5, Nov. 30, 2004, 118 Stat. 2426, as amended by Pub. L. 110244, title III, § 302(h), June 6, 2008, 122 Stat. 1618, provided that: “(a) Transfer of Assets and Personnel.—Personnel, property, and records employed, used, held, available, or to be made available in connection with functions transferred within the Department of Transportation by this Act [see Short Title of 2004 Amendment note set out under section 101 of this title] shall be transferred for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, and other funds (including funds of any predecessor entity) shall also be transferred accordingly. “(b) Legal Documents.—All orders (including delegations by the Secretary of Transportation), determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements, certificates, licenses, and privileges—“(1) that have been issued, made, granted, or allowed to become effective by any officer or employee, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and “(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Department, any other authorized official, a court of competent jurisdiction, or operation of law. “(c) Proceedings.—The provisions of this Act shall not affect any proceedings, including administrative enforcement actions, pending before this Act takes effect, insofar as those functions are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall proceed in accordance with applicable law and regulations. Nothing in this subsection shall be deemed to prohibit the conclusion or modification of any proceeding described in this subsection under the same terms and conditions and to the same extent that such proceeding could have been concluded or modified if this Act had not been enacted. The Secretary of Transportation is authorized to provide for the orderly transfer of pending proceedings. “(d) Suits.—“(1) In general.—This Act shall not affect suits commenced before the date of enactment of this Act [Nov. 30, 2004], except as provided in paragraphs (2) and (3). In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. “(2) Suits by or against department.—Any suit by or against the Department begun before the date of enactment of this Act, shall proceed in accordance with applicable law and regulations, insofar as it involves a function retained and transferred under this Act. “(3) Procedures for remanded cases.—If the court in a suit described in paragraph (1) remands a case, subsequent proceedings related to such case shall proceed under procedures that are in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings. “(e) Continuance of Actions Against Officers.—No suit, action, or other proceeding commenced by or against any officer in his or her official capacity shall abate by reason of the enactment of this Act. “(f) Exercise of Authorities.—An officer or employee of the Department, for purposes of performing a function transferred by this Act, may exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function by this Act. “(g) References.—A reference relating to an agency, officer, or employee affected by this Act in any Federal law, Executive order, rule, regulation, or delegation of authority, or in any document pertaining to an officer or employee, is deemed to refer, as appropriate, to the agency, officer, or employee who succeeds to the functions transferred by this Act. “(h) Definition.—In this section, the term this Act includes the amendments made by this Act.”
Workforce ManagementPub. L. 114183, § 9, June 22, 2016, 130 Stat. 520, provided that: “(a) Review.—Not later than 1 year after the date of the enactment of this Act [June 22, 2016], the Inspector General of the Department of Transportation shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a review of Pipeline and Hazardous Materials Safety Administration staff resource management, including—“(1) geographic allocation plans, hiring and time-to-hire challenges, and expected retirement rates and recruitment and retention strategies; “(2) an identification and description of any previous periods of macroeconomic and pipeline industry conditions under which the Pipeline and Hazardous Materials Safety Administration has encountered difficulty in filling vacancies, and the degree to which special hiring authorities, including direct hiring authority authorized by the Office of Personnel Management, could have ameliorated such difficulty; and “(3) recommendations to address hiring challenges, training needs, and any other identified staff resource challenges. “(b) Direct Hiring.—Upon identification of a period described in subsection (a)(2), the Administrator of the Pipeline and Hazardous Materials Safety Administration may apply to the Office of Personnel Management for the authority to appoint qualified candidates to any position relating to pipeline safety, as determined by the Administrator, without regard to sections 3309 through 3319 of title 5, United States Code. “(c) Savings Clause.—Nothing in this section shall preclude the Administrator of the Pipeline and Hazardous Materials Safety Administration from applying to the Office of Personnel Management for the authority described in subsection (b) prior to the completion of the report required under subsection (a).”
Transfer of Duties and Powers of Research and Special Programs AdministrationPub. L. 108426, § 2(b), Nov. 30, 2004, 118 Stat. 2424, provided that: “The authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Pipeline and Hazardous Materials Safety Administration.” For transfer of authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of this title, to the Administrator of the Research and Innovative Technology Administration, see section 4(b) of Pub. L. 108426, set out as a note under former section 112 of this title. Pub. L. 108426, § 7, Nov. 30, 2004, 118 Stat. 2428, provided that: “The Secretary shall provide for the orderly transfer of duties and powers under this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act [Nov. 30, 2004].”
ReportsPub. L. 108426, § 6, Nov. 30, 2004, 118 Stat. 2428, provided that: “(a) Reports by the Inspector General.—Not later than 30 days after the date of enactment of this Act [Nov. 30, 2004], the Inspector General of the Department of Transportation shall submit to the Secretary of Transportation and the Administrator of the Pipeline and Hazardous Materials Safety Administration a report containing the following:“(1) A list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented. “(2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety. “(b) Reports by the Secretary.—“(1) Statutory mandates.—Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter until each of the mandates referred to in subsection (a)(1) has been implemented, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the specific actions taken to implement such mandates. “(2) NTSB and inspector general recommendations.—Not later than January 1st of each year, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing each recommendation referred to in subsection (a)(2) and a copy of the Department of Transportation response to each such recommendation.”
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# 49 U.S.C. § 110 - Great Lakes St. Lawrence Seaway Development Corporation
## Text
(a) The Great Lakes 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.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103272, § 4(j)(5)(A), July 5, 1994, 108 Stat. 1366; Pub. L. 116260, div. AA, title V, § 512(c)(7)(A)(i), Dec. 27, 2020, 134 Stat. 2757.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 110(a)(no source). 110(b)33:981 (note).Oct. 15, 1966, Pub. L. 89670, § 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.
Editorial Notes
Amendments2020—Pub. L. 116260, § 512(c)(7)(A)(i)(I), substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation” in section catchline. Subsec. (a). Pub. L. 116260, § 512(c)(7)(A)(i)(II), substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”. 1994—Subsec. (a). Pub. L. 103272 substituted “Saint Lawrence” for “St. Lawrence”.
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# 49 U.S.C. § 111 - Repealed. Pub. L. 112141, div. E, title II, § 52011(c)(1), July 6, 2012, 126 Stat. 895]
## Notes
Section, added Pub. L. 102240, title VI, § 6006(a), Dec. 18, 1991, 105 Stat. 2172; amended Pub. L. 104287, § 5(2), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104324, title XI, § 1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105130, § 4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105178, title V, § 5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108426, § 3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 10959, title V, § 5601(a), Aug. 10, 2005, 119 Stat. 1833, established the Bureau of Transportation Statistics. See chapter 63 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 112 - Repealed. Pub. L. 11494, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570]
## Notes
Section, added Pub. L. 102508, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103429, § 6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108426, § 4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 10959, title VII, § 7301, Aug. 10, 2005, 119 Stat. 1914; Pub. L. 112141, div. E, title II, § 52012, July 6, 2012, 126 Stat. 896; Pub. L. 11376, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to establishment of the Research and Innovative Technology Administration, whose functions were subsequently transferred to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. See Transfer of Duties and Powers note below.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Transfer of Duties and PowersPub. L. 11376, div. L, title I, Jan. 17, 2014, 128 Stat. 574, provided in part: “That notwithstanding any other provision of law, the powers and duties, functions, authorities and personnel of the Research and Innovative Technology Administration are hereby transferred to the Office of the Assistant Secretary for Research and Technology in the Office of the Secretary: Provided further, That notwithstanding section 102 of title 49 and section 5315 of title 5, United States Code, there shall be an Assistant Secretary for Research and Technology within the Office of the Secretary, appointed by the President with the advice and consent of the Senate, to lead such office: Provided further, That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.” [Pub. L. 11975, div. D, title I, Feb. 3, 2026, 140 Stat. 325, provided in part: “That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.” ] [Similar provisions were contained in the following prior appropriations acts: [Pub. L. 11842, div. F, title I, Mar. 9, 2024, 138 Stat. 300.] [Pub. L. 117328, div. L, title I, Dec. 29, 2022, 136 Stat. 5094.] [Pub. L. 117103, div. L, title I, Mar. 15, 2022, 136 Stat. 684.] [Pub. L. 116260, div. L, title I, Dec. 27, 2020, 134 Stat. 1824.] [Pub. L. 11694, div. H, title I, Dec. 20, 2019, 133 Stat. 2934.] [Pub. L. 1166, div. G, title I, Feb. 15, 2019, 133 Stat. 396.] [Pub. L. 115141, div. L, title I, Mar. 23, 2018, 132 Stat. 972.] [Pub. L. 11531, div. K, title I, May 5, 2017, 131 Stat. 725.] [Pub. L. 114113, div. L, title I, Dec. 18, 2015, 129 Stat. 2835.] [Pub. L. 113235, div. K, title I, Dec. 16, 2014, 128 Stat. 2696.] Pub. L. 108426, § 4(d), Nov. 30, 2004, 118 Stat. 2426, provided that: “The authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Administration.” For transfer of authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of this title to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108426, set out as a note under section 108 of this title.
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chapter_number: "1"
chapter_name: "ORGANIZATION"
section: "115"
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# 49 U.S.C. § 115 - Transportation Security Oversight Board
## Text
(a) In General.— There is established in the Department of Homeland Security a board to be known as the “Transportation Security Oversight Board”.
(b) Membership.— (1) Number and appointment.— The Board shall be composed of 7 members as follows:
(A) The Secretary of Homeland Security, or the Secretarys designee.
(B) The Secretary of Transportation, or the Secretarys designee.
(C) The Attorney General, or the Attorney Generals designee.
(D) The Secretary of Defense, or the Secretarys designee.
(E) The Secretary of the Treasury, or the Secretarys designee.
(F) The Director of National Intelligence, or the Directors designee.
(G) One member appointed by the President to represent the National Security Council.
(2) Chairperson.— The Chairperson of the Board shall be the Secretary of Homeland Security.
(c) Duties.— The Board shall—
(1) review and ratify or disapprove any regulation or security directive issued by the Administrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive;
(2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;
(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;
(4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the Administrator regarding matters reviewed under paragraph (5).
(d) Quarterly Meetings.— The Board shall meet at least quarterly.
(e) Consideration of Security Information.— A majority of the Board may vote to close a meeting of the Board to the public, except that meetings shall be closed to the public whenever classified,11 So in original. The word “information” probably should be inserted. sensitive security information, or information protected in accordance with section 40119(b),22 See References in Text note below. will be discussed.
(Added Pub. L. 10771, title I, § 102(a), Nov. 19, 2001, 115 Stat. 604; amended Pub. L. 107296, title IV, § 426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L. 111259, title IV, § 411, Oct. 7, 2010, 124 Stat. 2725; Pub. L. 115254, div. K, title I, § 1991(b), Oct. 5, 2018, 132 Stat. 3626.)
## Notes
Editorial Notes
References in TextSection 40119 of this title, referred to in subsec. (e), was repealed by Pub. L. 115254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.
Amendments2018—Subsec. (c)(1). Pub. L. 115254, § 1991(b)(1), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for security”. Subsec. (c)(6). Pub. L. 115254, § 1991(b)(2), substituted “Administrator” for “Under Secretary”. 2010—Subsec. (b)(1)(F). Pub. L. 111259 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “The Director of the Central Intelligence Agency, or the Directors designee.” 2002—Subsec. (a). Pub. L. 107296, § 426(a)(1), substituted “Department of Homeland Security” for “Department of Transportation”. Subsec. (b)(1). Pub. L. 107296, § 426(a)(2), added subpar. (A), redesignated former subpars. (A) to (F) as (B) to (G), respectively, and struck out former subpar. (G) which read as follows: “One member appointed by the President to represent the Office of Homeland Security.” Subsec. (b)(2). Pub. L. 107296, § 426(a)(3), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 49 U.S.C. § 117 - Council on Credit and Finance
## Text
(a) Establishment.— The Secretary of Transportation shall establish a Council on Credit and Finance in accordance with this section.
(b) Membership.— (1) In general.— The Council shall be composed of the following members:
(A) The Deputy Secretary of Transportation.
(B) The Under Secretary of Transportation for Policy.
(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.
(D) The General Counsel of the Department of Transportation.
(E) The Assistant Secretary for Transportation Policy.
(F) The Administrator of the Federal Highway Administration.
(G) The Administrator of the Federal Transit Administration.
(H) The Administrator of the Federal Railroad Administration.
(2) Additional members.— The Secretary may designate up to 3 additional officials of the Department to serve as at-large members of the Council.
(3) Chairperson and vice chairperson.— (A) Chairperson.— The Deputy Secretary of Transportation shall serve as the chairperson of the Council.
(B) Vice chairperson.— The Chief Financial Officer and Assistant Secretary for Budget and Programs shall serve as the vice chairperson of the Council.
(4) Executive director.— The Executive Director of the National Surface Transportation and Innovative Finance Bureau shall serve as a nonvoting member of the Council.
(c) Duties.— The Council shall—
(1) review applications for assistance submitted under the programs referred to in subparagraphs (A), (B), and (C) of section 116(d)(1);
(2) review applications for assistance submitted under the program referred to in section 116(d)(1)(D), as determined appropriate by the Secretary;
(3) make recommendations to the Secretary regarding the selection of projects to receive assistance under such programs;
(4) review, on a regular basis, projects that received assistance under such programs; and
(5) carry out such additional duties as the Secretary may prescribe.
(Added Pub. L. 11494, div. A, title IX, § 9002(a), Dec. 4, 2015, 129 Stat. 1618.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 118 - Office of Multimodal Freight Infrastructure and Policy
## Text
(a) Definitions.— In this section:
(1) Department.— The term “Department” means the Department of Transportation.
(2) Freight office.— The term “Freight Office” means the Office of Multimodal Freight Infrastructure and Policy established under subsection (b).
(3) Secretary.— The term “Secretary” means the Secretary of Transportation.
(b) Establishment.— The Secretary shall establish within the Department an Office of Multimodal Freight Infrastructure and Policy.
(c) Purposes.— The purposes of the Freight Office shall be—
(1) to carry out the national multimodal freight policy described in section 70101;
(2) to administer and oversee certain multimodal freight grant programs within the Department in accordance with subsection (d);
(3) to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues;
(4) to conduct research on improving multimodal freight mobility, and to oversee the freight research activities of the various agencies within the Department;
(5) to assist cities and States in developing freight mobility and supply chain expertise;
(6) to liaise and coordinate with other Federal departments and agencies; and
(7) to carry out other duties, as prescribed by the Secretary.
(d) Administration of Policies and Programs.— The Freight Office shall—
(1) develop and manage—
(A) the national freight strategic plan described in section 70102; and
(B) the National Multimodal Freight Network established under section 70103;
(2) (A) oversee the development and updating of the State freight plans described in section 70202; and
(B) provide guidance or best practices relating to the development and updating of State freight plans under that section;
(3) (A) administer multimodal freight grant programs, including multimodal freight grants established under section 117 of title 23; and
(B) establish procedures for analyzing and evaluating applications for grants under those programs;
(4) assist States in the establishment of—
(A) State freight advisory committees under section 70201; and
(B) multi-State freight mobility compacts under section 70204; and
(5) provide to the Bureau of Transportation Statistics input regarding freight data and planning tools.
(e) Assistant Secretary.— (1) In general.— The Freight Office shall be headed by an Assistant Secretary for Multimodal Freight, who shall—
(A) be appointed by the President, by and with the advice and consent of the Senate; and
(B) have professional standing and demonstrated knowledge in the field of freight transportation.
(2) Duties.— The Assistant Secretary shall—
(A) report to the Under Secretary of Transportation for Policy;
(B) be responsible for the management and oversight of the activities, decisions, operations, and personnel of the Freight Office;
(C) work with the modal administrations of the Department to encourage multimodal collaboration; and
(D) carry out such additional duties as the Secretary may prescribe.
(f) Consolidation and Elimination of Duplicative Offices.— (1) Consolidation of offices and office functions.— The Secretary may consolidate into the Freight Office any office or office function within the Department that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Freight Office.
(2) Elimination of offices.— The Secretary may eliminate any office within the Department if the Secretary determines that—
(A) the purposes of the office are duplicative of the purposes of the Freight Office;
(B) the office or the functions of the office have been substantially consolidated with the Freight Office pursuant to paragraph (1);
(C) the elimination of the office will not adversely affect the requirements of the Secretary under any Federal law; and
(D) the elimination of the office will improve the efficiency and effectiveness of the programs and functions conducted by the office.
(g) Staffing and Budgetary Resources.— (1) In general.— The Secretary shall ensure that the Freight Office is adequately staffed and funded.
(2) Staffing.— (A) Transfer of positions to freight office.— Subject to subparagraph (B), the Secretary may transfer to the Freight Office any position within any other office of the Department if the Secretary determines that the position is necessary to carry out the purposes of the Freight Office.
(B) Requirement.— If the Secretary transfers a position to the Freight Office pursuant to subparagraph (A), the Secretary, in coordination with the appropriate modal administration of the Department, shall ensure that the transfer of the position does not adversely affect the requirements of the modal administration under any Federal law.
(3) Budgetary resources.— (A) Transfer of funds from consolidated or eliminated offices.— (i) In general.— To carry out the purposes of the Freight Office, the Secretary may transfer to the Freight Office from any office or office function that is consolidated or eliminated under subsection (f) any funds allocated for the consolidated or eliminated office or office function.
(ii) Retransfer.— Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account.
(B) Transfer of funds allocated for administrative costs.— (i) In general.— The Secretary may transfer to the Freight Office any funds allocated for the administrative costs of the programs referred to in subsection (d)(3).
(ii) Retransfer.— Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account.
(h) Website.— (1) Description of freight office.— The Secretary shall make publicly available on the website of the Department a description of the Freight Office, including a description of—
(A) the programs managed or made available by the Freight Office; and
(B) the eligibility requirements for those programs.
(2) Clearinghouse.— The Secretary may establish a clearinghouse for tools, templates, guidance, and best practices on a page of the website of the Department that supports the purposes of this section.
(i) Notification to Congress.— Not later than 1 year after the date of enactment of this section, and not less frequently than once every 180 days thereafter until the date on which the Secretary determines that the requirements of this section have been met, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification that—
(1) describes—
(A) the programs and activities administered or overseen by the Freight Office; and
(B) the status of those programs and activities;
(2) identifies—
(A) the number of employees working in the Freight Office as of the date of the notification;
(B) the total number of employees expected to join the Freight Office to support the programs and activities described in paragraph (1); and
(C) the total number of positions that, as a result of the consolidation of offices under this section, were—
(i) eliminated; or
(ii) transferred, assigned, or joined to the Freight Office;
(3) (A) indicates whether the Secretary has consolidated into the Freight Office any office or office function pursuant to subsection (f)(1); and
(B) if the Secretary has consolidated such an office or function, describes the rationale for the consolidation;
(4) (A) indicates whether the Secretary has eliminated any office pursuant to subsection (f)(2); and
(B) if the Secretary has eliminated such an office, describes the rationale for the elimination;
(5) describes any other actions carried out by the Secretary to implement this section; and
(6) describes any recommendations of the Secretary for legislation that may be needed to further implement this section.
(j) Savings Provisions.— (1) Effect on other law.— Except as otherwise provided in this section, nothing in this section alters or affects any law (including regulations) with respect to a program referred to in subsection (d).
(2) Effect on responsibilities of other agencies.— Except as otherwise provided in this section, nothing in this section abrogates the responsibilities of any agency, operating administration, or office within the Department that is otherwise charged by law (including regulations) with any aspect of program administration, oversight, or project approval or implementation with respect to a program or project subject to the responsibilities of the Freight Office under this section.
(3) Effect on pending applications.— Nothing in this section affects any pending application under a program referred to in subsection (d) that was received by the Secretary on or before the date of enactment of the Surface Transportation Investment Act of 2021.
(k) Authorization of Appropriations.— (1) In general.— There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
(2) Certain activities.— Authorizations under subsections (f) and (g) are subject to appropriations.
(Added Pub. L. 11758, div. B, title I, § 21101(a), Nov. 15, 2021, 135 Stat. 652.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section and the date of enactment of the Surface Transportation Investment Act of 2021, referred to in subsecs. (i) and (j)(3), are the date of enactment of div. B of Pub. L. 11758, which was approved Nov. 15, 2021.
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# 49 U.S.C. § 119 - Advanced Research Projects AgencyInfrastructure
## Text
(a) Definitions.— In this section:
(1) ARPAI.— The term “ARPAI” means the Advanced Research Projects AgencyInfrastructure established by subsection (b).
(2) Department.— The term “Department” means the Department of Transportation.
(3) Director.— The term “Director” means the Director of ARPAI appointed under subsection (d).
(4) Eligible entity.— The term “eligible entity” means—
(A) a unit of State or local government;
(B) an institution of higher education;
(C) a commercial entity;
(D) a research foundation;
(E) a trade or industry research collaborative;
(F) a federally funded research and development center;
(G) a research facility owned or funded by the Department;
(H) a collaborative that includes relevant international entities; and
(I) a consortia of 2 or more entities described in any of subparagraphs (A) through (H).
(5) Infrastructure.— (A) In general.— The term “infrastructure” means any transportation method or facility that facilitates the transit of goods or people within the United States (including territories).
(B) Inclusions.— The term “infrastructure” includes—
(i) roads;
(ii) highways;
(iii) bridges;
(iv) airports;
(v) rail lines;
(vi) harbors; and
(vii) pipelines.
(6) Secretary.— The term “Secretary” means the Secretary of Transportation.
(b) Establishment.— There is established within the Department an agency, to be known as the “Advanced Research Projects AgencyInfrastructure”, to support the development of science and technology solutions—
(1) to overcome long-term challenges; and
(2) to advance the state of the art for United States transportation infrastructure.
(c) Goals.— (1) In general.— The goals of ARPAI shall be—
(A) to advance the transportation infrastructure of the United States by developing innovative science and technology solutions that—
(i) lower the long-term costs of infrastructure development, including costs of planning, construction, and maintenance;
(ii) reduce the lifecycle impacts of transportation infrastructure on the environment, including through the reduction of greenhouse gas emissions;
(iii) contribute significantly to improving the safe, secure, and efficient movement of goods and people; and
(iv) promote the resilience of infrastructure from physical and cyber threats; and
(B) to ensure that the United States is a global leader in developing and deploying advanced transportation infrastructure technologies and materials.
(2) Research projects.— ARPAI shall achieve the goals described in paragraph (1) by providing assistance under this section for infrastructure research projects that—
(A) advance novel, early-stage research with practicable application to transportation infrastructure;
(B) translate techniques, processes, and technologies, from the conceptual phase to prototype, testing, or demonstration;
(C) develop advanced manufacturing processes and technologies for the domestic manufacturing of novel transportation-related technologies; and
(D) accelerate transformational technological advances in areas in which industry entities are unlikely to carry out projects due to technical and financial uncertainty.
(d) Director.— (1) Appointment.— ARPAI shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Qualifications.— The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary regarding, and manage research programs addressing, matters relating to the development of science and technology solutions to advance United States transportation infrastructure.
(3) Relationship to secretary.— The Director shall—
(A) be located within the Office of the Assistant Secretary for Research and Technology; and
(B) report to the Secretary.
(4) Relationship to other programs.— No other program within the Department shall report to the Director.
(5) Responsibilities.— The responsibilities of the Director shall include—
(A) approving new programs within ARPAI;
(B) developing funding criteria, and assessing the success of programs, to achieve the goals described in subsection (c)(1) through the establishment of technical milestones;
(C) administering available funding by providing to eligible entities assistance to achieve the goals described in subsection (c)(1);
(D) terminating programs carried out under this section that are not achieving the goals of the programs; and
(E) establishing a process through which eligible entities can submit to ARPAI unsolicited research proposals for assistance under this section in accordance with subsection (f).
(e) Personnel.— (1) In general.— The Director shall establish and maintain within ARPAI a staff with sufficient qualifications and expertise to enable ARPAI to carry out the responsibilities under this section, in conjunction with other operations of the Department.
(2) Program directors.— (A) In general.— The Director shall designate employees to serve as program directors for ARPAI.
(B) Responsibilities.— Each program director shall be responsible for—
(i) establishing research and development goals for the applicable program, including by convening workshops and conferring with outside experts;
(ii) publicizing the goals of the applicable program;
(iii) soliciting applications for specific areas of particular promise, especially in areas that the private sector or the Federal Government are not likely to carry out absent assistance from ARPAI;
(iv) establishing research collaborations for carrying out the applicable program;
(v) selecting on the basis of merit each project to be supported under the applicable program, taking into consideration—
(I) the novelty and scientific and technical merit of proposed projects;
(II) the demonstrated capabilities of eligible entities to successfully carry out proposed projects;
(III) the extent to which an eligible entity took into consideration future commercial applications of a proposed project, including the feasibility of partnering with 1 or more commercial entities; and
(IV) such other criteria as the Director may establish;
(vi) identifying innovative cost-sharing arrangements for projects carried out or funded by ARPAI;
(vii) monitoring the progress of projects supported under the applicable program;
(viii) identifying mechanisms for commercial application of successful technology development projects, including through establishment of partnerships between eligible entities and commercial entities; and
(ix) as applicable, recommending—
(I) program restructuring; or
(II) termination of applicable research partnerships or projects.
(C) Term of service.— A program director—
(i) shall serve for a term of 3 years; and
(ii) may be reappointed for any subsequent term of service.
(3) Hiring and management.— (A) In general.— The Director may—
(i) make appointments of scientific, engineering, and professional personnel, without regard to the civil service laws;
(ii) fix the basic pay of such personnel at such rate as the Director may determine, but not to exceed level II of the Executive Schedule, without regard to the civil service laws; and
(iii) pay an employee appointed under this subparagraph payments in addition to basic pay, subject to the condition that the total amount of those additional payments for any 12-month period shall not exceed the least of—
(I) $25,000;
(II) an amount equal to 25 percent of the annual rate of basic pay of the employee; and
(III) the amount of the applicable limitation for a calendar year under section 5307(a)(1) of title 5.
(B) Private recruiting firms.— The Director may enter into a contract with a private recruiting firm for the hiring of qualified technical staff to carry out this section.
(C) Additional staff.— The Director may use all authorities available to the Secretary to hire administrative, financial, and clerical staff, as the Director determines to be necessary to carry out this section.
(f) Research Proposals.— (1) In general.— An eligible entity may submit to the Director an unsolicited research proposal at such time, in such manner, and containing such information as the Director may require, including a description of—
(A) the extent of current and prior efforts with respect to the project proposed to be carried out using the assistance, if applicable; and
(B) any current or prior investments in the technology area for which funding is requested, including as described in subsection (c)(2)(D).
(2) Review.— The Director—
(A) shall review each unsolicited research proposal submitted under paragraph (1), taking into consideration—
(i) the novelty and scientific and technical merit of the research proposal;
(ii) the demonstrated capabilities of the applicant to successfully carry out the research proposal;
(iii) the extent to which the applicant took into consideration future commercial applications of the proposed research project, including the feasibility of partnering with 1 or more commercial entities; and
(iv) such other criteria as the Director may establish;
(B) may approve a research proposal if the Director determines that the research—
(i) is in accordance with—
(I) the goals described in subsection (c)(1); or
(II) an applicable transportation research and development strategic plan developed under section 6503; and
(ii) would not duplicate any other Federal research being conducted or funded by another Federal agency; and
(C) (i) if funding is denied for the research proposal, shall provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable—
(I) explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and
(II) recommends that the research proposal be submitted to another research program; or
(ii) if the research proposal is approved for funding, shall provide to the eligible entity that submitted the proposal—
(I) a written notice of the approval; and
(II) assistance in accordance with subsection (g) for the proposed research.
(g) Forms of Assistance.— On approval of a research proposal of an eligible entity, the Director may provide to the eligible entity assistance in the form of—
(1) a grant;
(2) a contract;
(3) a cooperative agreement;
(4) a cash prize; or
(5) another, similar form of funding.
(h) Reports and Roadmaps.— (1) Annual reports.— For each fiscal year, the Director shall provide to the Secretary, for inclusion in the budget request submitted by the Secretary to the President under section 1108 of title 31 for the fiscal year, a report that, with respect to the preceding fiscal year, describes—
(A) the projects that received assistance from ARPAI, including—
(i) each such project that was funded as a result of an unsolicited research proposal; and
(ii) each such project that examines topics or technologies closely related to other activities funded by the Department, including an analysis of whether the Director achieved compliance with subsection (i)(1) in supporting the project; and
(B) the instances of, and reasons for, the provision of assistance under this section for any projects being carried out by industry entities.
(2) Strategic vision roadmap.— Not later than October 1, 2022, and not less frequently than once every 4 years thereafter, the Director shall submit to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that ARPAI will use to guide the selection of future projects for technology investment during the 4 fiscal-year period beginning on the date of submission of the report.
(i) Coordination and Nonduplication.— The Director shall ensure that—
(1) the activities of ARPAI are coordinated with, and do not duplicate the efforts of, programs and laboratories within—
(A) the Department; and
(B) other relevant research agencies; and
(2) no funding is provided by ARPAI for a project, unless the eligible entity proposing the project—
(A) demonstrates sufficient attempts to secure private financing; or
(B) indicates that the project is not independently commercially viable.
(j) Federal Demonstration of Technologies.— The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate technologies resulting from activities funded through ARPAI.
(k) Partnerships.— The Director shall seek opportunities to enter into contracts or partnerships with minority-serving institutions (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)))—
(1) to accomplish the goals of ARPAI;
(2) to develop institutional capacity in advanced transportation infrastructure technologies and materials;
(3) to engage underserved populations in developing, demonstrating, and deploying those technologies and materials; and
(4) to otherwise address the needs of ARPAI.
(l) University Transportation Centers.— The Director may—
(1) partner with university transportation centers under section 5505 to accomplish the goals, and address the needs, of ARPAI; and
(2) sponsor and select for funding, in accordance with section 5505, competitively selected university transportation center grants, in addition to the assistance provided under section 5505, to address targeted technology and material goals of ARPAI.
(m) Advice.— (1) Advisory committees.— The Director may seek advice regarding any aspect of ARPAI from—
(A) an existing advisory committee, office, or other group within the Department; and
(B) a new advisory committee organized to support the programs of ARPAI by providing advice and assistance regarding—
(i) specific program tasks; or
(ii) the overall direction of ARPAI.
(2) Additional sources.— In carrying out this section, the Director may seek advice and review from—
(A) the Presidents Council of Advisors on Science and Technology;
(B) the Advanced Research Projects AgencyEnergy; and
(C) any professional or scientific organization with expertise relating to specific processes or technologies under development by ARPAI.
(n) Evaluation.— (1) In general.— Not later than December 27, 2024, the Secretary may enter into an arrangement with the National Academy of Sciences under which the National Academy shall conduct an evaluation of the achievement by ARPAI of the goals described in subsection (c)(1).
(2) Inclusions.— The evaluation under paragraph (1) may include—
(A) a recommendation regarding whether ARPAI should be continued;
(B) a recommendation regarding whether ARPAI, or the Department generally, should continue to allow entities to submit unsolicited research proposals; and
(C) a description of—
(i) the lessons learned from the operation of ARPAI; and
(ii) the manner in which those lessons may apply to the operation of other programs of the Department.
(3) Availability.— On completion of the evaluation under paragraph (1), the evaluation shall be made available to—
(A) Congress; and
(B) the public.
(o) Protection of Information.— (1) In general.— Each type of information described in paragraph (2) that is collected by ARPAI from eligible entities shall be considered to be—
(A) commercial and financial information obtained from a person;
(B) privileged or confidential; and
(C) not subject to disclosure under section 552(b)(4) of title 5.
(2) Description of types of information.— The types of information referred to in paragraph (1) are—
(A) information relating to plans for commercialization of technologies developed using assistance provided under this section, including business plans, technology-to-market plans, market studies, and cost and performance models;
(B) information relating to investments provided to an eligible entity from a third party (such as a venture capital firm, a hedge fund, and a private equity firm), including any percentage of ownership of an eligible entity provided in return for such an investment;
(C) information relating to additional financial support that the eligible entity—
(i) plans to invest, or has invested, in the technology developed using assistance provided under this section; or
(ii) is seeking from a third party; and
(D) information relating to revenue from the licensing or sale of a new product or service resulting from research conducted using assistance provided under this section.
(p) Effect on Existing Authorities.— The authority provided by this section—
(1) shall be in addition to any existing authority provided to the Secretary; and
(2) shall not supersede or modify any other existing authority.
(q) Funding.— (1) Authorization of appropriations.— There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
(2) Separate budget and appropriation.— (A) Budget request.— The budget request for ARPAI shall be separate from the budget request of the remainder of the Department.
(B) Appropriations.— The funding appropriated for ARPAI shall be separate and distinct from the funding appropriated for the remainder of the Department.
(3) Allocation.— Of the amounts made available for a fiscal year under paragraph (1)—
(A) not less than 5 percent shall be used for technology transfer and outreach activities—
(i) in accordance with the goal described in subsection (c)(2)(D); and
(ii) within the responsibilities of the program directors described in subsection (e)(2)(B)(viii); and
(B) none may be used for the construction of any new building or facility during the 5-year period beginning on the date of enactment of the Surface Transportation Investment Act of 2021.
(Pub. L. 11758, div. B, title V, § 25012(a), Nov. 15, 2021, 135 Stat. 859.)
## Notes
Editorial Notes
References in TextLevel II of the Executive Schedule, referred to in subsec. (e)(3)(A)(ii), is set out in section 5313 of Title 5, Government Organization and Employees. The date of enactment of the Surface Transportation Investment Act of 2021, referred to in subsec. (q)(3)(B), is the date of enactment of div. B of Pub. L. 11758, which was approved Nov. 15, 2021.
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# 49 U.S.C. § 10101 - Rail transportation policy
## Text
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 Board;
(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 encourage honest and efficient management of railroads;
(10) 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;
(11) to encourage fair wages and safe and suitable working conditions in the railroad industry;
(12) to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination;
(13) 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;
(14) to encourage and promote energy conservation; and
(15) to provide for the expeditious handling and resolution of all proceedings required or permitted to be brought under this part.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 805.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 10101 and 10101a were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 10101, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 96296, § 4, July 1, 1980, 94 Stat. 793; Pub. L. 96448, title I, § 101(b), Oct. 14, 1980, 94 Stat. 1898; Pub. L. 97261, § 5, Sept. 20, 1982, 96 Stat. 1103; Pub. L. 103311, title II, § 204, Aug. 26, 1994, 108 Stat. 1683, related to transportation policy. See sections 13101 and 15101 of this title. Section 10101a, added Pub. L. 96448, title I, § 101(a), Oct. 14, 1980, 94 Stat. 1897, related to rail transportation policy.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
Short Title of 2008 AmendmentPub. L. 110432, div. A, title VI, § 601, Oct. 16, 2008, 122 Stat. 4900, provided that: “This title [enacting sections 10908 to 10910 of this title and amending section 10501 of this title] may be cited as the Clean Railroads Act of 2008.” Pub. L. 110291, § 1, July 30, 2008, 122 Stat. 2915, provided that: “This Act [amending sections 13102, 13902, and 13905 of this title and enacting provisions set out as notes under section 13902 of this title] may be cited as the Over-the-Road Bus Transportation Accessibility Act of 2007.”
Short Title of 2005 AmendmentPub. L. 10959, title IV, § 4201, Aug. 10, 2005, 119 Stat. 1751, provided that: “This subtitle [subtitle B (§§ 42014216) of title IV of Pub. L. 10959, enacting sections 14710, 14711, and 14915 of this title, amending sections 13102, 13707, 13902, 14104, 14501, 14706, 14708, and 14901 of this title, and enacting provisions set out as notes under sections 13102, 14701, 14706, and 14710 of this title] may be cited as the Household Goods Mover Oversight Enforcement and Reform Act of 2005[.]” Pub. L. 10959, title IV, § 4301, Aug. 10, 2005, 119 Stat. 1761, provided that: “This subtitle [subtitle C (§§ 43014308) of title IV of Pub. L. 10959, enacting sections 14504a and 14506 of this title, amending sections 13902, 13905, 13906, 13908, 31102, and 31103 of this title, repealing section 14504 of this title, and enacting provisions set out as notes under sections 13902 and 14504 of this title] may be cited as the Unified Carrier Registration Act of 2005.”
Short Title of 2002 AmendmentPub. L. 107298, § 1, Nov. 26, 2002, 116 Stat. 2342, provided that: “This Act [amending sections 13102, 13506, 14501, and 31138 of this title] may be cited as the Real Interstate Driver Equity Act of 2002.”
Short Title of 1986 AmendmentPub. L. 99521, § 1, Oct. 22, 1986, 100 Stat. 2993, provided that: “This Act [see Tables for classification] may be cited as the Surface Freight Forwarder Deregulation Act of 1986.”
Short Title of 1982 AmendmentPub. L. 97261, § 1, Sept. 20, 1982, 96 Stat. 1102, provided: “That this Act [see Tables for classification] may be cited as the Bus Regulatory Reform Act of 1982.”
Short Title of 1980 AmendmentsPub. L. 96454, § 1, Oct. 15, 1980, 94 Stat. 2011, provided: “That this Act [see Tables for classification] may be cited as the Household Goods Transportation Act of 1980.” Pub. L. 96448, § 1, Oct. 14, 1980, 94 Stat. 1895, provided that: “This Act [see Tables for classification] may be cited as the Staggers Rail Act of 1980.” Pub. L. 96296, § 1, July 1, 1980, 94 Stat. 793, provided: “That this Act [see Tables for classification] may be cited as the Motor Carrier Act of 1980.”
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# 49 U.S.C. § 10501 - General jurisdiction
## Text
(a) (1) Subject to this chapter, the Board has jurisdiction over transportation by rail carrier that is—
(A) only by railroad; or
(B) by railroad and water, when the transportation is under common control, management, or arrangement for a continuous carriage or shipment.
(2) Jurisdiction under paragraph (1) applies only to transportation in the United States between a place in—
(A) a State and a place in the same or another State as part of the interstate rail network;
(B) a State and a place in a territory or possession of the United States;
(C) a territory or possession of the United States and a place in another such territory or possession;
(D) a territory or possession of the United States and another place in the same territory or possession;
(E) the United States and another place in the United States through a foreign country; or
(F) the United States and a place in a foreign country.
(b) The jurisdiction of the Board over—
(1) transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules (including car service, interchange, and other operating rules), practices, routes, services, and facilities of such carriers; and
(2) the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one State,
is exclusive. Except as otherwise provided in this part, the remedies provided under this part with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State law.
(c) (1) In this subsection—
(A) the term “local governmental authority”—
(i) has the same meaning given that term by section 5302 of this title; and
(ii) includes a person or entity that contracts with the local governmental authority to provide transportation services; and
(B) the term “public transportation” means transportation services described in section 5302 of this title that are provided by rail.
(2) Except as provided in paragraph (3), the Board does not have jurisdiction under this part over—
(A) public transportation provided by a local government authority; or
(B) a solid waste rail transfer facility as defined in section 10908 of this title, except as provided under sections 10908 and 10909 of this title.
(3) (A) Notwithstanding paragraph (2) of this subsection, a local governmental authority, described in paragraph (2), is subject to applicable laws of the United States related to—
(i) safety;
(ii) the representation of employees for collective bargaining; and
(iii) employment, retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.
(B) The Board has jurisdiction under sections 11102 and 11103 of this title over transportation provided by a local governmental authority only if the Board finds that such governmental authority meets all of the standards and requirements for being a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission that were in effect immediately before January 1, 1996. The enactment of the ICC Termination Act of 1995 shall neither expand nor contract coverage of employees and employers by the Railway Labor Act, the Railroad Retirement Act of 1974, the Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 807; amended Pub. L. 104287, § 5(21), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 110432, div. A, title VI, § 602, Oct. 16, 2008, 122 Stat. 4900; Pub. L. 11494, div. A, title III, § 3030(g), Dec. 4, 2015, 129 Stat. 1497.)
## Notes
Editorial Notes
References in TextThe ICC Termination Act of 1995, referred to in subsec. (c)(3)(B), is Pub. L. 10488, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables. The Railway Labor Act, referred to in subsec. (c)(3)(B), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. The Railroad Retirement Act of 1974, referred to in subsec. (c)(3)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables. The Railroad Retirement Tax Act, referred to in subsec. (c)(3)(B), is act Aug. 16, 1954, ch. 736, §§ 3201, 3202, 3211, 3212, 3221, and 3231 to 3233, 68A Stat. 431, which is classified generally to chapter 22 (§ 3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3233 of Title 26 and Tables. The Railroad Unemployment Insurance Act, referred to in subsec. (c)(3)(B), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
Prior ProvisionsProvisions similar to those in this section were contained in sections 10501 and 10504 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10501, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1359; Pub. L. 96448, title II, § 214(c)(3)(5), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103272, § 4(j)(15), July 5, 1994, 108 Stat. 1369, related to jurisdiction of the Interstate Commerce Commission, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 10501 and 15301 of this title.
Amendments2015—Subsec. (c)(1)(A)(i). Pub. L. 11494, § 3030(g)(1)(A), substituted “section 5302” for “section 5302(a)”. Subsec. (c)(1)(B). Pub. L. 11494, § 3030(g)(1)(B), substituted “public transportation” for “mass transportation” and “section 5302” for “section 5302(a)”. Subsec. (c)(2)(A). Pub. L. 11494, § 3030(g)(2), substituted “public transportation” for “ mass transportation”. 2008—Subsec. (c)(2). Pub. L. 110432 amended par. (2) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (3), the Board does not have jurisdiction under this part over mass transportation provided by a local governmental authority.” 1996—Subsec. (c)(3)(B). Pub. L. 104287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
Abolition of Interstate Commerce Commission Interstate Commerce Commission abolished by section 101 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 10701 - Standards for rates, classifications, through routes, rules, and practices
## Text
(a) A through route established by a rail carrier must be reasonable. Divisions of joint rates by rail carriers must be made without unreasonable discrimination against a participating carrier and must be reasonable.
(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not discriminate in its rates against a connecting line of another rail carrier providing transportation subject to the jurisdiction of the Board under this part or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper.
(c) Except as provided in subsection (d) of this section and unless a rate is prohibited by a provision of this part, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may establish any rate for transportation or other service provided by the rail carrier.
(d) (1) If the Board determines, under section 10707 of this title, that a rail carrier has market dominance over the transportation to which a particular rate applies, the rate established by such carrier for such transportation must be reasonable.
(2) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Board shall give due consideration to—
(A) the amount of traffic which is transported at revenues which do not contribute to going concern value and the efforts made to minimize such traffic;
(B) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and
(C) the carriers mix of rail traffic to determine whether one commodity is paying an unreasonable share of the carriers overall revenues,
recognizing the policy of this part that rail carriers shall earn adequate revenues, as established by the Board under section 10704(a)(2) of this title.
(3) The Board shall maintain 1 or more simplified and expedited methods for determining the reasonableness of challenged rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 809; amended Pub. L. 104287, § 5(22), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 114110, § 11(a), Dec. 18, 2015, 129 Stat. 2233.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 10701 and 10701a were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 10701, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1371; Pub. L. 96296, § 13(a), July 1, 1980, 94 Stat. 803; Pub. L. 96448, title II, § 201(b)(1), (2), Oct. 14, 1980, 94 Stat. 1899, 1900; Pub. L. 97261, § 9(a), Sept. 20, 1982, 96 Stat. 1109; Pub. L. 103180, § 2(a), (b), (g), Dec. 3, 1993, 107 Stat. 2044, 2047, 2049, related to standards for rates, classifications, through routes, rules, and practices. See sections 10701, 13701, 13709, and 15501 of this title. Section 10701a, added Pub. L. 96448, title II, § 201(a), Oct. 14, 1980, 94 Stat. 1898; amended Pub. L. 103272, § 4(j)(19), July 5, 1994, 108 Stat. 1369, related to standards for rates for rail carriers. See section 10701 of this title.
Amendments2015—Subsec. (d)(3). Pub. L. 114110 amended par. (3) generally. Prior to amendment, text read as follows: “The Board shall, within one year after January 1, 1996, complete the pending Interstate Commerce Commission non-coal rate guidelines proceeding to establish a simplified and expedited method for determining the reasonableness of challenged rail rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case.” 1996—Subsec. (d)(3). Pub. L. 104287 substituted “January 1, 1996” for “the effective date of this paragraph”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
Abolition of Interstate Commerce Commission Interstate Commerce Commission abolished by section 101 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 10702 - Authority for rail carriers to establish rates, classifications, rules, and practices
## Text
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall establish reasonable—
(1) rates, to the extent required by section 10707, divisions of joint rates, and classifications for transportation and service it may provide under this part; and
(2) rules and practices on matters related to that transportation or service.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 810.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10702, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 103180, § 6(a), Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103311, title II, § 206(a), Aug. 26, 1994, 108 Stat. 1684, related to authority for carriers to establish rates, classifications, rules, and practices, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 10702 and 15502 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 10703 - Authority for rail carriers to establish through routes
## Text
Rail carriers providing transportation subject to the jurisdiction of the Board under this part shall establish through routes (including physical connections) with each other and with water carriers providing transportation subject to chapter 137, shall establish rates and classifications applicable to those routes, and shall establish rules for their operation and provide—
(1) reasonable facilities for operating the through route; and
(2) reasonable compensation to persons entitled to compensation for services related to the through route.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 810.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10703, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 96296, § 22(a), (h), July 1, 1980, 94 Stat. 812, 814; Pub. L. 97449, § 5(g)(5), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98216, § 2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99521, § 7(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103272, § 5(m)(21), July 5, 1994, 108 Stat. 1377, related to authority for carriers to establish through routes, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 10703 and 13705 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,77 @@
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# 49 U.S.C. § 10704 - Authority and criteria: rates, classifications, rules, and practices prescribed by Board
## Text
(a) (1) When the Board, after a full hearing, decides that a rate charged or collected by a rail carrier for transportation subject to the jurisdiction of the Board under this part, or that a classification, rule, or practice of that carrier, does or will violate this part, the Board may prescribe the maximum rate, classification, rule, or practice to be followed. The Board may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not publish, charge, or collect a different rate and shall adopt the classification and observe the rule or practice prescribed by the Board.
(2) The Board shall maintain and revise as necessary standards and procedures for establishing revenue levels for rail carriers providing transportation subject to its jurisdiction under this part that are adequate, under honest, economical, and efficient management, for the infrastructure and investment needed to meet the present and future demand for rail services and to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return (or both) on capital employed in the business. The Board shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this paragraph. Revenue levels established under this paragraph should—
(A) provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed equity capital, and cover the effects of inflation; and
(B) attract and retain capital in amounts adequate to provide a sound transportation system in the United States.
(3) On the basis of the standards and procedures described in paragraph (2), the Board shall annually determine which rail carriers are earning adequate revenues.
(b) The Board may begin a proceeding under this section only on complaint. A complaint under subsection (a) of this section must be made under section 11701 of this title, but the proceeding may also be in extension of a complaint pending before the Board.
(c) In a proceeding to challenge the reasonableness of a rate, the Board shall make its determination as to the reasonableness of the challenged rate—
(1) within 9 months after the close of the administrative record if the determination is based upon a stand-alone cost presentation; or
(2) within 6 months after the close of the administrative record if the determination is based upon the methodology adopted by the Board pursuant to section 10701(d)(3).
(d) (1) The Board shall maintain procedures to ensure the expeditious handling of challenges to the reasonableness of railroad rates. The procedures shall include appropriate measures for avoiding delay in the discovery and evidentiary phases of such proceedings and exemption or revocation proceedings, including appropriate sanctions for such delay, and for ensuring prompt disposition of motions and interlocutory administrative appeals.
(2) (A) Except as provided under subparagraph (B), in a stand-alone cost rate challenge, the Board shall comply with the following timeline:
(i) Discovery shall be completed not later than 150 days after the date on which the challenge is initiated.
(ii) The development of the evidentiary record shall be completed not later than 155 days after the date on which discovery is completed under clause (i).
(iii) The closing brief shall be submitted not later than 60 days after the date on which the development of the evidentiary record is completed under clause (ii).
(iv) A final Board decision shall be issued not later than 180 days after the date on which the evidentiary record is completed under clause (ii).
(B) The Board may extend a timeline under subparagraph (A) after a request from any party or in the interest of due process.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 810; amended Pub. L. 104287, § 5(23), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 114110, §§ 11(b), 16, Dec. 18, 2015, 129 Stat. 2233, 2238.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10704, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1373; Pub. L. 96296, § 13(b), July 1, 1980, 94 Stat. 803; Pub. L. 96448, title II, § 205(b), Oct. 14, 1980, 94 Stat. 1906; Pub. L. 97261, § 9(b), Sept. 20, 1982, 96 Stat. 1109; Pub. L. 99521, § 7(b), Oct. 22, 1986, 100 Stat. 2994, related to authority and criteria for rates, classifications, rules, and practices prescribed by Interstate Commerce Commission, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 10704, 13701, and 15503 of this title.
Amendments2015—Subsec. (a)(2). Pub. L. 114110, § 16, inserted “for the infrastructure and investment needed to meet the present and future demand for rail services and” after “management,” in introductory provisions. Subsec. (d). Pub. L. 114110, § 11(b), designated existing provisions as par. (1), substituted “The Board shall maintain procedures to ensure the expeditious handling of challenges to the reasonableness of railroad rates.” for “Within 9 months after January 1, 1996, the Board shall establish procedures to ensure expeditious handling of challenges to the reasonableness of railroad rates.”, and added par. (2). 1996—Subsec. (d). Pub. L. 104287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,59 @@
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# 49 U.S.C. § 10705 - Authority: through routes, joint classifications, rates, and divisions prescribed by Board
## Text
(a) (1) The Board may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates, the division of joint rates, and the conditions under which those routes must be operated, for a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(2) The Board may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when—
(A) required under section 10741, 10742, or 11102 of this title;
(B) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
(C) the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.
The Board shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes.
(b) The Board shall prescribe the division of joint rates to be received by a rail carrier providing transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Board under subsection (a) of this section, does or will violate section 10701 of this title.
(c) If a division of a joint rate prescribed under a decision of the Board is later found to violate section 10701 of this title, the Board may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Board decides is justified. The Board may make a decision under this subsection effective as part of its original decision.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 811.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 10705 and 10705a were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 10705, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1375; Pub. L. 96296, § 22(b)(g), July 1, 1980, 94 Stat. 813; Pub. L. 96448, title II, § 218, Oct. 14, 1980, 94 Stat. 1925; Pub. L. 97449, § 5(g)(4), Jan. 12, 1983, 96 Stat. 2443, related to authority for through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission. See sections 10705 and 13701 of this title. Section 10705a, added Pub. L. 96448, title II, § 217(a)(1), Oct. 14, 1980, 94 Stat. 1916; amended Pub. L. 103272, § 4(j)(20), July 5, 1994, 108 Stat. 1369, related to joint rate surcharges and cancellations.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,121 @@
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# 49 U.S.C. § 10706 - Rate agreements: exemption from antitrust laws
## Text
(a) (1) In this subsection—
(A) the term “affiliate” means a person controlling, controlled by, or under common control or ownership with another person and “ownership” refers to equity holdings in a business entity of at least 5 percent;
(B) the term “single-line rate” refers to a rate or allowance proposed by a single rail carrier that is applicable only over its line and for which the transportation (exclusive of terminal services by switching, drayage or other terminal carriers or agencies) can be provided by that carrier; and
(C) the term “practicably participates in the movement” shall have such meaning as the Board shall by regulation prescribe.
(2) (A) A rail carrier providing transportation subject to the jurisdiction of the Board under this part that is a party to an agreement of at least 2 rail carriers that relates to rates (including charges between rail carriers and compensation paid or received for the use of facilities and equipment), classifications, divisions, or rules related to them, or procedures for joint consideration, initiation, publication, or establishment of them, shall apply to the Board for approval of that agreement under this subsection. The Board shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy of section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of its approval. If the Board approves the agreement, it may be made and carried out under its terms and under the conditions required by the Board, and the Sherman Act (15 U.S.C. 1, et seq.), the Clayton Act (15 U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) do not apply to parties and other persons with respect to making or carrying out the agreement. However, the Board may not approve or continue approval of an agreement when the conditions required by it are not met or if it does not receive a verified statement under subparagraph (B) of this paragraph.
(B) The Board may approve an agreement under subparagraph (A) of this paragraph only when the rail carriers applying for approval file a verified statement with the Board. Each statement must specify for each rail carrier that is a party to the agreement—
(i) the name of the carrier;
(ii) the mailing address and telephone number of its headquarters office; and
(iii) the names of each of its affiliates and the names, addresses, and affiliates of each of its officers and directors and of each person, together with an affiliate, owning or controlling any debt, equity, or security interest in it having a value of at least $1,000,000.
(3) (A) An organization established or continued under an agreement approved under this subsection shall make a final disposition of a rule or rate docketed with it by the 120th day after the proposal is docketed. Such an organization may not—
(i) permit a rail carrier to discuss, to participate in agreements related to, or to vote on single-line rates proposed by another rail carrier, except that for purposes of general rate increases and broad changes in rates, classifications, rules, and practices only, if the Board finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part;
(ii) permit a rail carrier to discuss, to participate in agreements related to, or to vote on rates related to a particular interline movement unless that rail carrier practicably participates in the movement; or
(iii) if there are interline movements over two or more routes between the same end points, permit a carrier to discuss, to participate in agreements related to, or to vote on rates except with a carrier which forms part of a particular single route. If the Board finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part.
(B) (i) In any proceeding in which a party alleges that a rail carrier voted or agreed on a rate or allowance in violation of this subsection, that party has the burden of showing that the vote or agreement occurred. A showing of parallel behavior does not satisfy that burden by itself.
(ii) In any proceeding in which it is alleged that a carrier was a party to an agreement, conspiracy, or combination in violation of a Federal law cited in subsection (a)(2)(A) of this section or of any similar State law, proof of an agreement, conspiracy, or combination may not be inferred from evidence that two or more rail carriers acted together with respect to an interline rate or related matter and that a party to such action took similar action with respect to a rate or related matter on another route or traffic. In any proceeding in which such a violation is alleged, evidence of a discussion or agreement between or among such rail carrier and one or more other rail carriers, or of any rate or other action resulting from such discussion or agreement, shall not be admissible if the discussion or agreement—
(I) was in accordance with an agreement approved under paragraph (2) of this subsection; or
(II) concerned an interline movement of the rail carrier, and the discussion or agreement would not, considered by itself, violate the laws referred to in the first sentence of this clause.
In any proceeding before a jury, the court shall determine whether the requirements of subclause (I) or (II) are satisfied before allowing the introduction of any such evidence.
(C) An organization described in subparagraph (A) of this paragraph shall provide that transcripts or sound recordings be made of all meetings, that records of votes be made, and that such transcripts or recordings and voting records be submitted to the Board and made available to other Federal agencies in connection with their statutory responsibilities over rate bureaus, except that such material shall be kept confidential and shall not be subject to disclosure under section 552 of title 5, United States Code.
(4) Notwithstanding any other provision of this subsection, one or more rail carriers may enter into an agreement, without obtaining prior Board approval, that provides solely for compilation, publication, and other distribution of rates in effect or to become effective. The Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) shall not apply to parties and other persons with respect to making or carrying out such agreement. However, the Board may, upon application or on its own initiative, investigate whether the parties to such an agreement have exceeded its scope, and upon a finding that they have, the Board may issue such orders as are necessary, including an order dissolving the agreement, to ensure that actions taken pursuant to the agreement are limited as provided in this paragraph.
(5) (A) Whenever two or more shippers enter into an agreement to discuss among themselves that relates to the amount of compensation such shippers propose to be paid by rail carriers providing transportation subject to the jurisdiction of the Board under this part, for use by such rail carriers of rolling stock owned or leased by such shippers, the shippers shall apply to the Board for approval of that agreement under this paragraph. The Board shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy set forth in section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of approval. If the Board approves the agreement, it may be made and carried out under its terms and under the terms required by the Board, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement. The Board shall approve or disapprove an agreement under this paragraph within one year after the date application for approval of such agreement is made.
(B) If the Board approves an agreement described in subparagraph (A) of this paragraph and the shippers entering into such agreement and the rail carriers proposing to use rolling stock owned or leased by such shippers, under payment by such carriers or under a published allowance, are unable to agree upon the amount of compensation to be paid for the use of such rolling stock, any party directly involved in the negotiations may require that the matter be settled by submitting the issues in dispute to the Board. The Board shall render a binding decision, based upon a standard of reasonableness and after taking into consideration any past precedents on the subject matter of the negotiations, no later than 90 days after the date of the submission of the dispute to the Board.
(C) Nothing in this paragraph shall be construed to change the law in effect prior to October 1, 1980, with respect to the obligation of rail carriers to utilize rolling stock owned or leased by shippers.
(b) The Board may require an organization established or continued under an agreement approved under this section to maintain records and submit reports. The Board may inspect a record maintained under this section.
(c) The Board may review an agreement approved under subsection (a) of this section and shall change the conditions of approval or terminate it when necessary to comply with the public interest and subsection (a). The Board shall postpone the effective date of a change of an agreement under this subsection for whatever period it determines to be reasonably necessary to avoid unreasonable hardship.
(d) The Board may begin a proceeding under this section on its own initiative or on application. Action of the Board under this section—
(1) approving an agreement;
(2) denying, ending, or changing approval;
(3) prescribing the conditions on which approval is granted; or
(4) changing those conditions,
has effect only as related to application of the antitrust laws referred to in subsection (a) of this section.
(e) (1) The Federal Trade Commission, in consultation with the Antitrust Division of the Department of Justice, shall prepare periodically an assessment of, and shall report to the Board on—
(A) possible anticompetitive features of—
(i) agreements approved or submitted for approval under subsection (a) of this section; and
(ii) an organization operating under those agreements; and
(B) possible ways to alleviate or end an anticompetitive feature, effect, or aspect in a manner that will further the goals of this part and of the transportation policy of section 10101 of this title.
(2) Reports received by the Board under this subsection shall be published and made available to the public under section 552(a) of title 5.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 812; amended Pub. L. 104287, § 5(24), Oct. 11, 1996, 110 Stat. 3390.)
## Notes
Editorial Notes
References in TextThe Sherman Act, referred to in subsec. (a)(2)(A), (4), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. The Clayton Act, referred to in subsec. (a)(2)(A), (4), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15 and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act, referred to in subsec. (a)(2)(A), (4), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables. Sections 73 and 74 of the Wilson Tariff Act, referred to in subsec. (a)(2)(A), (4), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, which enacted sections 8 and 9, respectively, of Title 15. Act of June 19, 1936, referred to in subsec. (a)(2)(A), (4), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Anti-discrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15 and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables.
Prior ProvisionsA prior section 10706, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1377; Pub. L. 96258, § 1(7), June 3, 1980, 94 Stat. 426; Pub. L. 96296, § 14(a), (c), (d), July 1, 1980, 94 Stat. 803, 808; Pub. L. 96448, title II, § 219(a)(e), 224(b), Oct. 14, 1980, 94 Stat. 19261929; Pub. L. 97261, § 10(a)(d), Sept. 20, 1982, 96 Stat. 1109, 1110; Pub. L. 98216, § 2(12), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99521, § 7(c), Oct. 22, 1986, 100 Stat. 2995, related to exemption from antitrust laws of rate agreements, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 10706 and 13703 of this title.
Amendments1996—Subsec. (a)(5)(C). Pub. L. 104287 substituted “October 1, 1980,” for “the effective date of the Staggers Rail Act of 1980”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 10707 - Determination of market dominance in rail rate proceedings
## Text
(a) In this section, “market dominance” means an absence of effective competition from other rail carriers or modes of transportation for the transportation to which a rate applies.
(b) When a rate for transportation by a rail carrier providing transportation subject to the jurisdiction of the Board under this part is challenged as being unreasonably high, the Board shall determine whether the rail carrier proposing the rate has market dominance over the transportation to which the rate applies. The Board may make that determination on its own initiative or on complaint. A finding by the Board that the rail carrier does not have market dominance is determinative in a proceeding under this part related to that rate or transportation unless changed or set aside by the Board or set aside by a court of competent jurisdiction.
(c) When the Board finds in any proceeding that a rail carrier proposing or defending a rate for transportation has market dominance over the transportation to which the rate applies, it may then determine that rate to be unreasonable if it exceeds a reasonable maximum for that transportation. However, a finding of market dominance does not establish a presumption that the proposed rate exceeds a reasonable maximum.
(d) (1) (A) In making a determination under this section, the Board shall find that the rail carrier establishing the challenged rate does not have market dominance over the transportation to which the rate applies if such rail carrier proves that the rate charged results in a revenue-variable cost percentage for such transportation that is less than 180 percent.
(B) For purposes of this section, variable costs for a rail carrier shall be determined only by using such carriers unadjusted costs, calculated using the Uniform Rail Costing System cost finding methodology (or an alternative methodology adopted by the Board in lieu thereof) and indexed quarterly to account for current wage and price levels in the region in which the carrier operates, with adjustments specified by the Board. A rail carrier may meet its burden of proof under this subsection by establishing its variable costs in accordance with this paragraph, but a shipper may rebut that showing by evidence of such type, and in accordance with such burden of proof, as the Board shall prescribe.
(2) A finding by the Board that a rate charged by a rail carrier results in a revenue-variable cost percentage for the transportation to which the rate applies that is equal to or greater than 180 percent does not establish a presumption that—
(A) such rail carrier has or does not have market dominance over such transportation; or
(B) the proposed rate exceeds or does not exceed a reasonable maximum.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 815.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10709 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). Prior sections 10707 and 10707a were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 10707, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1380; Pub. L. 96448, title II, § 207, Oct. 14, 1980, 94 Stat. 1907; Pub. L. 103272, § 4(j)(21), July 5, 1994, 108 Stat. 1369, related to investigation and suspension of new rail carrier rates, classifications, rules, and practices. Section 10707a, added Pub. L. 96448, title II, § 203(a), Oct. 14, 1980, 94 Stat. 1901; amended Pub. L. 103272, § 4(j)(22), July 5, 1994, 108 Stat. 1369, related to zone of rail carrier flexibility.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,47 @@
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---
# 49 U.S.C. § 10708 - Rail cost adjustment factor
## Text
(a) The Board shall, as often as practicable, but in no event less often than quarterly, publish a rail cost adjustment factor which shall be a fraction, the numerator of which is the latest published Index of Railroad Costs (which index shall be compiled or verified by the Board, with appropriate adjustments to reflect the change in composition of railroad costs, including the quality and mix of material and labor) and the denominator of which is the same index for the fourth quarter of every fifth year, beginning with the fourth quarter of 1992.
(b) The rail cost adjustment factor published by the Board under subsection (a) of this section shall take into account changes in railroad productivity. The Board shall also publish a similar index that does not take into account changes in railroad productivity.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 816.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10712 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10708, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1382; Pub. L. 96296, § 11, July 1, 1980, 94 Stat. 801; Pub. L. 97261, §§ 11, 12(a), Sept. 20, 1982, 96 Stat. 1112, 1113; Pub. L. 99521, § 7(d), Oct. 22, 1986, 100 Stat. 2995, related to investigation and suspension of new nonrail carrier rates, classifications, rules, and practices, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,83 @@
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---
# 49 U.S.C. § 10709 - Contracts
## Text
(a) One or more rail carriers providing transportation subject to the jurisdiction of the Board under this part may enter into a contract with one or more purchasers of rail services to provide specified services under specified rates and conditions.
(b) A party to a contract entered into under this section shall have no duty in connection with services provided under such contract other than those duties specified by the terms of the contract.
(c) (1) A contract that is authorized by this section, and transportation under such contract, shall not be subject to this part, and may not be subsequently challenged before the Board or in any court on the grounds that such contract violates a provision of this part.
(2) The exclusive remedy for any alleged breach of a contract entered into under this section shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree. This section does not confer original jurisdiction on the district courts of the United States based on section 1331 or 1337 of title 28, United States Code.
(d) (1) A summary of each contract for the transportation of agricultural products (including grain, as defined in section 3 of the United States Grain Standards Act (7 U.S.C. 75) and products thereof) entered into under this section shall be filed with the Board, containing such nonconfidential information as the Board prescribes. The Board shall publish special rules for such contracts in order to ensure that the essential terms of the contract are available to the general public.
(2) Documents, papers, and records (and any copies thereof) relating to a contract described in subsection (a) shall not be subject to the mandatory disclosure requirements of section 552 of title 5.
(e) Any lawful contract between a rail carrier and one or more purchasers of rail service that was in effect on October 1, 1980, shall be considered a contract authorized by this section.
(f) A rail carrier that enters into a contract as authorized by this section remains subject to the common carrier obligation set forth in section 11101, with respect to rail transportation not provided under such a contract.
(g) (1) No later than 30 days after the date of filing of a summary of a contract under this section, the Board may, on complaint, begin a proceeding to review such contract on the grounds described in this subsection.
(2) (A) A complaint may be filed under this subsection—
(i) by a shipper on the grounds that such shipper individually will be harmed because the proposed contract unduly impairs the ability of the contracting rail carrier or carriers to meet their common carrier obligations to the complainant under section 11101 of this title; or
(ii) by a port only on the grounds that such port individually will be harmed because the proposed contract will result in unreasonable discrimination against such port.
(B) In addition to the grounds for a complaint described in subparagraph (A) of this paragraph, a complaint may be filed by a shipper of agricultural commodities on the grounds that such shipper individually will be harmed because—
(i) the rail carrier has unreasonably discriminated by refusing to enter into a contract with such shipper for rates and services for the transportation of the same type of commodity under similar conditions to the contract at issue, and that shipper was ready, willing, and able to enter into such a contract at a time essentially contemporaneous with the period during which the contract at issue was offered; or
(ii) the proposed contract constitutes a destructive competitive practice under this part.
In making a determination under clause (ii) of this subparagraph, the Board shall consider the difference between contract rates and published single car rates.
(C) For purposes of this paragraph, the term “unreasonable discrimination” has the same meaning as such term has under section 10741 of this title.
(3) (A) Within 30 days after the date a proceeding is commenced under paragraph (1) of this subsection, or within such shorter time period after such date as the Board may establish, the Board shall determine whether the contract that is the subject of such proceeding is in violation of this section.
(B) If the Board determines, on the basis of a complaint filed under paragraph (2)(B)(i) of this subsection, that the grounds for a complaint described in such paragraph have been established with respect to a rail carrier, the Board shall, subject to the provisions of this section, order such rail carrier to provide rates and service substantially similar to the contract at issue with such differentials in terms and conditions as are justified by the evidence.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 817; amended Pub. L. 104287, § 5(24), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 114110, § 11(d), Dec. 18, 2015, 129 Stat. 2234.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10713 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). Prior sections 10709 to 10713 were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 10709, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1382; Pub. L. 96448, title II, § 202, Oct. 14, 1980, 94 Stat. 1900, related to determination of market dominance in rail carrier rate proceedings. See section 10707 of this title. Section 10710, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1383, related to elimination of discrimination against recyclable materials. Section 10711, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1383, related to effect of former sections 10701(a), (b), 10707, 10709, 10727, and 10728 of this title on rail rates and practices. Section 10712, added Pub. L. 96448, title II, § 206(a), Oct. 14, 1980, 94 Stat. 1906, related to inflation-based rate increases. Section 10713, added Pub. L. 96448, title II, § 208(a), Oct. 14, 1980, 94 Stat. 1908; amended Pub. L. 97468, title V, § 502, Jan. 14, 1983, 96 Stat. 2552; Pub. L. 99509, title IV, § 4051, Oct. 21, 1986, 100 Stat. 1910, related to contracts between rail carriers and purchasers of rail services. See section 10709 of this title.
Amendments2015—Subsec. (h). Pub. L. 114110 struck out subsec. (h) which related to certain contracts for the transportation of agricultural commodities. 1996—Subsec. (e). Pub. L. 104287 substituted “October 1, 1980,” for “the effective date of the Staggers Rail Act of 1980”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,47 @@
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---
# 49 U.S.C. § 10721 - Government traffic
## Text
A rail carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Government can be obtained from a rail carrier lawfully operating in the area where the transportation would be provided.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819; amended Pub. L. 111350, § 5(o)(4), Jan. 4, 2011, 124 Stat. 3853.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10721, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1383; Pub. L. 96454, § 10(b), Oct. 15, 1980, 94 Stat. 2022; Pub. L. 103272, § 5(m)(22), July 5, 1994, 108 Stat. 1378, related to Government traffic, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 10721, 13712, and 15504 of this title.
Amendments2011—Pub. L. 111350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,45 @@
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---
# 49 U.S.C. § 10722 - Car utilization
## Text
In order to encourage more efficient use of freight cars, notwithstanding any other provision of this part, rail carriers shall be permitted to establish premium charges for special services or special levels of services not otherwise applicable to the movement. The Board shall facilitate development of such charges so as to increase the utilization of equipment.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10734 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). Prior sections 10722 to 10726 were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 10722, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1384; Pub. L. 97261, § 29(a), (b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99521, § 7(e), Oct. 22, 1986, 100 Stat. 2995, related to special passenger rates. Section 10723, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1385; Pub. L. 97261, § 29(c), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 10254, § 13(s), June 13, 1991, 105 Stat. 282; Pub. L. 102240, title IV, § 4011, Dec. 18, 1991, 105 Stat. 2156, related to transportation for charitable purposes. Section 10724, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1386, related to rates for emergency transportation. Section 10725, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 99521, § 7(f), Oct. 22, 1986, 100 Stat. 2995, related to special freight forwarder rates. Section 10726, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 96448, title II, § 220, Oct. 14, 1980, 94 Stat. 1928, related to long and short haul transportation. A prior section 10727, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1388, authorized the Interstate Commerce Commission to maintain standards and procedures to permit seasonal, regional, or peak-period demand rates and required the Commission to submit an annual report to Congress on implementation of those rates and recommendations for additional legislation needed to make it easier to establish those rates, prior to repeal by Pub. L. 96448, title II, § 209, title VII, § 710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980. A prior section 10728, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1388, related to separate rates for distinct rail services, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10729, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1389, authorized rail carrier to establish rate, classification, rule, or practice requiring total capital investment of at least $1,000,000 to implement upon notice to Interstate Commerce Commission and opportunity for Commission proceeding and final decision within 180 days after notice and provided that Commission could not suspend or set aside any rate that became final for period of five years but could revise rate to level equal to variable costs of providing transportation when Commission found level then in effect reduced going concern of carrier, prior to repeal by Pub. L. 96448, title II, § 210(a), title VII, § 710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980. Prior sections 10730 to 10735 were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 10730, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 96296, § 12, July 1, 1980, 94 Stat. 802; Pub. L. 96448, title II, § 211(a), (b), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99521, § 7(g), Oct. 22, 1986, 100 Stat. 2995, related to rates and liability based on value. Section 10731, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 96448, title II, § 204, Oct. 14, 1980, 94 Stat. 1905; Pub. L. 103272, § 4(j)(23), July 5, 1994, 108 Stat. 1369, related to investigation of discriminatory rail rates for transportation of recyclable or recycled materials. Section 10732, added Pub. L. 96296, § 8(a), July 1, 1980, 94 Stat. 798; amended Pub. L. 100690, title IX, § 9113, Nov. 18, 1988, 102 Stat. 4535, related to food and grocery transportation. See section 13713 of this title. Section 10733, added Pub. L. 96296, § 32(a), July 1, 1980, 94 Stat. 824, related to rates for transportation of recyclable materials. Section 10734, added Pub. L. 96448, title II, § 225(a), Oct. 14, 1980, 94 Stat. 1930, related to car utilization. See section 10722 of this title. Another prior section 10734 was renumbered section 10735 of this title. Section 10735, added Pub. L. 96454, § 4(a), Oct. 15, 1980, 94 Stat. 2012, § 10734; renumbered § 10735, Pub. L. 98554, title II, § 227(b)(1), Oct. 30, 1984, 98 Stat. 2852; amended Pub. L. 103272, § 5(m)(23), July 5, 1994, 108 Stat. 1378, related to household goods rates, estimates, and guarantees of service. See section 13704 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,57 @@
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# 49 U.S.C. § 10741 - Prohibitions against discrimination by rail carriers
## Text
(a) (1) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.
(2) For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances.
(b) This section shall not apply to—
(1) contracts described in section 10709 of this title;
(2) rail rates applicable to different routes; or
(3) discrimination against the traffic of another carrier providing transportation by any mode.
(c) Differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from different services provided by rail carriers.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10741, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1390; Pub. L. 96296, § 33(d), July 1, 1980, 94 Stat. 825; Pub. L. 96448, title II, § 212, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99521, § 7(h), Oct. 22, 1986, 100 Stat. 2995, related to prohibitions against discrimination by common carriers, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 10741 and 15505 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,45 @@
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# 49 U.S.C. § 10742 - Facilities for interchange of traffic
## Text
A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall provide reasonable, proper, and equal facilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of passengers and property to and from, its respective line and a connecting line of another rail carrier or of a water carrier providing transportation subject to chapter 137.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10742, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1391, related to facilities for interchange of traffic, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 10742 and 15506 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 10743 - Liability for payment of rates
## Text
(a) (1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor instructs the rail carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—
(A) of the agency and absence of beneficial title; and
(B) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
(2) When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner, is liable for those additional rates regardless of the bill of lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the rail carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the rail carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.
(b) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor, named in the bill of lading as consignee, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor gives written notice, before delivery of the property, to the line-haul rail carrier that is to make ultimate delivery—
(1) to deliver the property to another party identified by the shipper or consignor as the beneficial owner of the property; and
(2) that delivery is to be made to that party on payment of all applicable transportation rates;
that party is liable for the rates billed at the time of delivery and for additional rates that may be found to be due after delivery if that party does not pay the rates required to be paid under paragraph (2) of this subsection on delivery. However, if the party gives written notice to the delivering rail carrier before delivery that the party is not the beneficial owner of the property and gives the rail carrier the name and address of the beneficial owner, then the party is not liable for those additional rates. A shipper, consignor, or party to whom delivery is made that gives the delivering rail carrier erroneous information about the identity of the beneficial owner, is liable for the additional rates regardless of the bill of lading or contract under which the property was transported. This subsection does not apply to a prepaid shipment of property.
(c) (1) A rail carrier may bring an action to enforce liability under subsection (a) of this section. That rail carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the consignee, or the beneficial owner named by the consignee or agent, under that section.
(2) A rail carrier may bring an action to enforce liability under subsection (b) of this section. That carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the shipper, consignor, or other party under that section.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10744 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10743, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1391; Pub. L. 99521, § 7(i), Oct. 22, 1986, 100 Stat. 2995, related to payment of rates, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See section 13707 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,45 @@
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# 49 U.S.C. § 10744 - Continuous carriage of freight
## Text
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not enter a combination or arrangement to prevent the carriage of freight from being continuous from the place of shipment to the place of destination whether by change of time schedule, carriage in different cars, or by other means. The carriage of freight by those rail carriers is considered to be a continuous carriage from the place of shipment to the place of destination when a break of bulk, stoppage, or interruption is not made in good faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting the continuous carriage or of evading this part.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 821.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10745 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10744, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1391, related to liability for payment of rates, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 10743 and 13706 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,45 @@
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# 49 U.S.C. § 10745 - Transportation services or facilities furnished by shipper
## Text
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish a charge or allowance for transportation or service for property when the owner of the property, directly or indirectly, furnishes a service related to or an instrumentality used in the transportation or service. The Board may prescribe the maximum reasonable charge or allowance a rail carrier subject to its jurisdiction may pay for a service or instrumentality furnished under this section. The Board may begin a proceeding under this section on its own initiative or on application.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 821.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10747 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10745, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1392, related to continuous carriage of freight, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See section 10744 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 10746 - Demurrage charges
## Text
A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall compute demurrage charges, and establish rules related to those charges, in a way that fulfills the national needs related to—
(1) freight car use and distribution; and
(2) maintenance of an adequate supply of freight cars to be available for transportation of property.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 821.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10750 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10746, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of commodities manufactured or produced by rail carrier, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,55 @@
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# 49 U.S.C. § 10747 - Designation of certain routes by shippers
## Text
(a) (1) When a person delivers property to a rail carrier for transportation subject to the jurisdiction of the Board under this part, the person may direct the rail carrier to transport the property over an established through route. When competing rail lines constitute a part of the route, the person shipping the property may designate the lines over which the property will be transported. The designation must be in writing. A rail carrier may be directed to transport property over a particular through route when—
(A) there are at least 2 through routes over which the property could be transported;
(B) a through rate has been established for transportation over each of those through routes; and
(C) the rail carrier is a party to those routes and rates.
(2) A rail carrier directed to route property transported under paragraph (1) of this subsection must issue a through bill of lading containing the routing instructions and transport the property according to the instructions. When the property is delivered to a connecting rail carrier, that rail carrier must also receive and transport it according to the routing instructions and deliver it to the next succeeding rail carrier or consignee according to the instructions.
(b) The Board may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 821.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10763 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). Prior sections 10747 to 10751, 10761 to 10767, and 10781 to 10786 were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 10747, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1393, related to transportation services or facilities furnished by shippers. See section 10745 of this title. Section 10748, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of livestock by rail carrier. Section 10749, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1393; Pub. L. 96296, § 10(c), July 1, 1980, 94 Stat. 800; Pub. L. 97468, title VI, § 615(b)(3), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98216, § 2(13), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99521, § 7(j)(1), (2), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103272, § 4(j)(24), July 5, 1994, 108 Stat. 1369, related to exchange of services and limitation on use of common carriers by household goods freight forwarders. Section 10750, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1394, related to demurrage charges. See section 10746 of this title. Section 10751, added Pub. L. 96296, § 33(a), July 1, 1980, 94 Stat. 824; amended Pub. L. 96448, title II, § 215(a), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103272, § 4(j)(25), July 5, 1994, 108 Stat. 1369, related to business entertainment expenses. See section 14901 of this title. Section 10761, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96296, § 33(c), July 1, 1980, 94 Stat. 825; Pub. L. 103311, title II, § 206(b), Aug. 26, 1994, 108 Stat. 1684, related to prohibition of transportation without tariff. See section 13702 of this title. Section 10762, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96296, § 5(c), July 1, 1980, 94 Stat. 796; Pub. L. 96448, title II, § 216, Oct. 14, 1980, 94 Stat. 1915; Pub. L. 97261, § 12(b), Sept. 20, 1982, 96 Stat. 1113; Pub. L. 99521, § 7(k), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103180, § 5, Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103311, title II, § 206(c)(e), Aug. 26, 1994, 108 Stat. 1684, 1685, related to general tariff requirements. See sections 13702 and 13710 of this title. Section 10763, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1396, related to designation of certain routes by shippers or Interstate Commerce Commission. See section 10747 of this title. Section 10764, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1397, related to arrangements between carriers and required copies of arrangements to be filed with Commission. Section 10765, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1397, related to water transportation under arrangements with certain other carriers. Section 10766, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1398; Pub. L. 96296, § 10(d), July 1, 1980, 94 Stat. 801; Pub. L. 99521, § 7(l), Oct. 22, 1986, 100 Stat. 2995, related to freight forwarder traffic agreements. Section 10767, added Pub. L. 103180, § 7(a), Dec. 3, 1993, 107 Stat. 2051, related to billing and collecting practices. See section 13708 of this title. Section 10781, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1398, related to investigations and reports by Commission on value of carrier property. Section 10782, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1399, related to requirements for establishing value. Section 10783, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1400, related to cooperation and assistance of carriers. Section 10784, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1400; Pub. L. 96258, § 1(8), June 3, 1980, 94 Stat. 426, related to revision of property valuations. Section 10785, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1401, related to finality of valuations, notices, protests, and review. Section 10786, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1401, related to applicability of sections 10781 to 10786 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,69 @@
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# 49 U.S.C. § 10901 - Authorizing construction and operation of railroad lines
## Text
(a) A person may—
(1) construct an extension to any of its railroad lines;
(2) construct an additional railroad line;
(3) provide transportation over, or by means of, an extended or additional railroad line; or
(4) in the case of a person other than a rail carrier, acquire a railroad line or acquire or operate an extended or additional railroad line,
only if the Board issues a certificate authorizing such activity under subsection (c).
(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice, including notice to the Governor of any affected State, of the beginning of such proceeding.
(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.
(d) (1) When a certificate has been issued by the Board under this section authorizing the construction or extension of a railroad line, no other rail carrier may block any construction or extension authorized by such certificate by refusing to permit the carrier to cross its property if—
(A) the construction does not unreasonably interfere with the operation of the crossed line;
(B) the operation does not materially interfere with the operation of the crossed line; and
(C) the owner of the crossing line compensates the owner of the crossed line.
(2) If the parties are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Board for determination. The Board shall make a determination under this paragraph within 120 days after the dispute is submitted for determination.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 822.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10901, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1402; Pub. L. 96448, title II, § 221, Oct. 14, 1980, 94 Stat. 1928, related to authorizing construction and operation of railroad lines, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,51 @@
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# 49 U.S.C. § 10902 - Short line purchases by Class II and Class III rail carriers
## Text
(a) A Class II or Class III rail carrier providing transportation subject to the jurisdiction of the Board under this part may acquire or operate an extended or additional rail line under this section only if the Board issues a certificate authorizing such activity under subsection (c).
(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice of the beginning of such proceeding.
(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.
(d) The Board shall require any Class II rail carrier which receives a certificate under subsection (c) of this section to provide a fair and equitable arrangement for the protection of the interests of employees who may be affected thereby. The arrangement shall consist exclusively of one year of severance pay, which shall not exceed the amount of earnings from railroad employment of the employee during the 12-month period immediately preceding the date on which the application for such certificate is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of the employee with the acquiring carrier during the 12-month period immediately following the effective date of the transaction to which the certificate applies. The parties may agree to terms other than as provided in this subsection. The Board shall not require such an arrangement from a Class III rail carrier which receives a certificate under subsection (c) of this section.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 823.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10902, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1403, related to authorizing action by rail carriers to provide adequate, efficient, and safe facilities.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,109 @@
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# 49 U.S.C. § 10903 - Filing and procedure for application to abandon or discontinue
## Text
(a) (1) A rail carrier providing transportation subject to the jurisdiction of the Board under this part who intends to—
(A) abandon any part of its railroad lines; or
(B) discontinue the operation of all rail transportation over any part of its railroad lines,
must file an application relating thereto with the Board. An abandonment or discontinuance may be carried out only as authorized under this chapter.
(2) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part files an application, the application shall include—
(A) an accurate and understandable summary of the rail carriers reasons for the proposed abandonment or discontinuance;
(B) a statement indicating that each interested person is entitled to make recommendations to the Board on the future of the rail line; and
(C) (i) a statement that the line is available for subsidy or sale in accordance with section 10904 of this title, (ii) a statement that the rail carrier will promptly provide to each interested party an estimate of the annual subsidy and minimum purchase price, calculated in accordance with section 10904 of this title, and (iii) the name and business address of the person who is authorized to discuss the subsidy or sale terms for the rail carrier.
(3) The rail carrier shall—
(A) send by certified mail notice of the application to the chief executive officer of each State that would be directly affected by the proposed abandonment or discontinuance;
(B) post a copy of the notice in each terminal and station on each portion of a railroad line proposed to be abandoned or over which all transportation is to be discontinued;
(C) publish a copy of the notice for 3 consecutive weeks in a newspaper of general circulation in each county in which each such portion is located;
(D) mail a copy of the notice, to the extent practicable, to all shippers that have made significant use (as designated by the Board) of the railroad line during the 12 months preceding the filing of the application; and
(E) attach to the application filed with the Board an affidavit certifying the manner in which subparagraphs (A) through (D) of this paragraph have been satisfied, and certifying that subparagraphs (A) through (D) have been satisfied within the most recent 30 days prior to the date the application is filed.
(b) (1) Except as provided in subsection (d), abandonment and discontinuance may occur as provided in section 10904.
(2) The Board shall require as a condition of any abandonment or discontinuance under this section provisions to protect the interests of employees. The provisions shall be at least as beneficial to those interests as the provisions established under sections 11326(a) and 24706(c) 11 See References in Text note below. of this title before May 31, 1998.
(c) (1) In this subsection, the term “potentially subject to abandonment” has the meaning given the term in regulations of the Board. The regulations may include standards that vary by region of the United States and by railroad or group of railroads.
(2) Each rail carrier shall maintain a complete diagram of the transportation system operated, directly or indirectly, by the rail carrier. The rail carrier shall submit to the Board and publish amendments to its diagram that are necessary to maintain the accuracy of the diagram. The diagram shall—
(A) include a detailed description of each of its railroad lines potentially subject to abandonment; and
(B) identify each railroad line for which the rail carrier plans to file an application to abandon or discontinue under subsection (a) of this section.
(d) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may—
(1) abandon any part of its railroad lines; or
(2) discontinue the operation of all rail transportation over any part of its railroad lines;
only if the Board finds that the present or future public convenience and necessity require or permit the abandonment or discontinuance. In making the finding, the Board shall consider whether the abandonment or discontinuance will have a serious, adverse impact on rural and community development.
(e) Subject to this section and sections 10904 and 10905 of this title, if the Board—
(1) finds public convenience and necessity, it shall—
(A) approve the application as filed; or
(B) approve the application with modifications and require compliance with conditions that the Board finds are required by public convenience and necessity; or
(2) fails to find public convenience and necessity, it shall deny the application.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 823; amended Pub. L. 112141, div. C, title II, § 32932(b), July 6, 2012, 126 Stat. 829.)
## Notes
Editorial Notes
References in TextSection 24706(c) of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 105134, title I, § 142(a), Dec. 2, 1997, 111 Stat. 2576, effective 180 days after Dec. 2, 1997.
Prior ProvisionsA prior section 10903, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1403; Pub. L. 96448, title IV, § 402(a), Oct. 14, 1980, 94 Stat. 1941; Pub. L. 98216, § 2(14), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103272, § 5(m)(24), July 5, 1994, 108 Stat. 1378, related to authorizing abandonment and discontinuance of railroad lines and rail transportation.
Amendments2012—Subsec. (b)(2). Pub. L. 112141 substituted “24706(c) of this title before May 31, 1998” for “24706(c) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
Railroad Branchline Abandonments by Burlington Northern Railroad in North DakotaPub. L. 97102, title IV, § 402, Dec. 23, 1981, 95 Stat. 1465, as amended by Pub. L. 102143, title III, § 343, Oct. 28, 1991, 105 Stat. 948, provided that: “Notwithstanding any other provision of law or of this Act, none of the funds provided in this or any other Act shall hereafter be used by the Interstate Commerce Commission to approve railroad branchline abandonments in the State of North Dakota by the entity generally known as the Burlington Northern Railroad, or its agents or assignees, in excess of a total of 350 miles, except that exempt abandonments and discontinuances that are effectuated pursuant to section 1152.50 of title 49 of the Code of Federal Regulations after the date of enactment of the Department of Transportation and Related Agencies Appropriations Act, 1992 [Oct. 28, 1991], shall not apply toward such 350-mile limit: Provided, That this section shall be in lieu of section 311 (amendment numbered 93) as set forth in the conference report and the joint explanatory statement of the committee of conference on the Department of Transportation and Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the House of Representatives on November 13, 1981 (H. Rept. No. 97331).” [Section 311 of H.R. 4209 is section 311 of Pub. L. 97102, title III, Dec. 23, 1981, 95 Stat. 1460, which is not classified to the Code.] Similar provisions were contained in Pub. L. 9792, title IV, § 115, Dec. 15, 1981, 95 Stat. 1196. [Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 10488, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 10488, set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 10488, set out as a note under section 1301 of this title.]
@@ -0,0 +1,101 @@
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# 49 U.S.C. § 10904 - Offers of financial assistance to avoid abandonment and discontinuance
## Text
(a) In this section—
(1) the term “avoidable cost” means all expenses that would be incurred by a rail carrier in providing transportation that would not be incurred if the railroad line over which the transportation was provided were abandoned or if the transportation were discontinued. Expenses include cash inflows foregone and cash outflows incurred by the rail carrier as a result of not abandoning or discontinuing the transportation. Cash inflows foregone and cash outflows incurred include—
(A) working capital and required capital expenditure;
(B) expenditures to eliminate deferred maintenance;
(C) the current cost of freight cars, locomotives, and other equipment; and
(D) the foregone tax benefits from not retiring properties from rail service and other effects of applicable Federal and State income taxes; and
(2) the term “reasonable return” means—
(A) if a rail carrier is not in reorganization, the cost of capital to the rail carrier, as determined by the Board; and
(B) if a rail carrier is in reorganization, the mean cost of capital of rail carriers not in reorganization, as determined by the Board.
(b) Any rail carrier which has filed an application for abandonment or discontinuance shall provide promptly to a party considering an offer of financial assistance and shall provide concurrently to the Board—
(1) an estimate of the annual subsidy and minimum purchase price required to keep the line or a portion of the line in operation;
(2) its most recent reports on the physical condition of that part of the railroad line involved in the proposed abandonment or discontinuance;
(3) traffic, revenue, and other data necessary to determine the amount of annual financial assistance which would be required to continue rail transportation over that part of the railroad line; and
(4) any other information that the Board considers necessary to allow a potential offeror to calculate an adequate subsidy or purchase offer.
(c) Within 4 months after an application is filed under section 10903, any person may offer to subsidize or purchase the railroad line that is the subject of such application. Such offer shall be filed concurrently with the Board. If the offer to subsidize or purchase is less than the carriers estimate stated pursuant to subsection (b)(1), the offer shall explain the basis of the disparity, and the manner in which the offer is calculated.
(d) (1) Unless the Board, within 15 days after the expiration of the 4-month period described in subsection (c), finds that one or more financially responsible persons (including a governmental authority) have offered financial assistance regarding that part of the railroad line to be abandoned or over which all rail transportation is to be discontinued, abandonment or discontinuance may be carried out in accordance with section 10903.
(2) If the Board finds that such an offer or offers of financial assistance has been made within such period, abandonment or discontinuance shall be postponed until—
(A) the carrier and a financially responsible person have reached agreement on a transaction for subsidy or sale of the line; or
(B) the conditions and amount of compensation are established under subsection (f).
(e) Except as provided in subsection (f)(3), if the rail carrier and a financially responsible person (including a governmental authority) fail to agree on the amount or terms of the subsidy or purchase, either party may, within 30 days after the offer is made, request that the Board establish the conditions and amount of compensation.
(f) (1) Whenever the Board is requested to establish the conditions and amount of compensation under this section—
(A) the Board shall render its decision within 30 days;
(B) for proposed sales, the Board shall determine the price and other terms of sale, except that in no case shall the Board set a price which is below the fair market value of the line (including, unless otherwise mutually agreed, all facilities on the line or portion necessary to provide effective transportation services); and
(C) for proposed subsidies, the Board shall establish the compensation as the difference between the revenues attributable to that part of the railroad line and the avoidable cost of providing rail freight transportation on the line, plus a reasonable return on the value of the line.
(2) The decision of the Board shall be binding on both parties, except that the person who has offered to subsidize or purchase the line may withdraw his offer within 10 days of the Boards decision. In such a case, the abandonment or discontinuance may be carried out immediately, unless other offers are being considered pursuant to paragraph (3) of this subsection.
(3) If a rail carrier receives more than one offer to subsidize or purchase, it shall select the offeror with whom it wishes to transact business, and complete the subsidy or sale agreement, or request that the Board establish the conditions and amount of compensation before the 40th day after the expiration of the 4-month period described in subsection (c). If no agreement on subsidy or sale is reached within such 40-day period and the Board has not been requested to establish the conditions and amount of compensation, any other offeror whose offer was made within the 4-month period described in subsection (c) may request that the Board establish the conditions and amount of compensation. If the Board has established the conditions and amount of compensation, and the original offer has been withdrawn, any other offeror whose offer was made within the 4-month period described in subsection (c) may accept the Boards decision within 20 days after such decision, and the Board shall require the carrier to enter into a subsidy or sale agreement with such offeror, if such subsidy or sale agreement incorporates the Boards decision.
(4) (A) No purchaser of a line or portion of line sold under this section may transfer or discontinue service on such line prior to the end of the second year after consummation of the sale, nor may such purchaser transfer such line, except to the rail carrier from whom it was purchased, prior to the end of the fifth year after consummation of the sale.
(B) No subsidy arrangement approved under this section shall remain in effect for more than one year, unless otherwise mutually agreed by the parties.
(g) Upon abandonment of a railroad line under this chapter, the obligation of the rail carrier abandoning the line to provide transportation on that line, as required by section 11101(a), is extinguished.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 825.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10905 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10904, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1404; Pub. L. 96448, title IV, § 402(b), Oct. 14, 1980, 94 Stat. 1941; Pub. L. 98216, § 2(4), Feb. 14, 1984, 98 Stat. 5, related to filing and procedure for applications to abandon or discontinue railroad lines or rail transportation, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See section 10903 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 10905 - Offering abandoned rail properties for sale for public purposes
## Text
When the Board approves an application to abandon or discontinue under section 10903, the Board shall find whether the rail properties that are involved in the proposed abandonment or discontinuance are appropriate for use for public purposes, including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Board finds that the rail properties proposed to be abandoned are appropriate for public purposes and not required for continued rail operations, the properties may be sold, leased, exchanged, or otherwise disposed of only under conditions provided in the order of the Board. The conditions may include a prohibition on any such disposal for a period of not more than 180 days after the effective date of the order, unless the properties have first been offered, on reasonable terms, for sale for public purposes.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 827.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10906 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10905, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1405; Pub. L. 96448, title IV, § 402(c), Oct. 14, 1980, 94 Stat. 1942; Pub. L. 103272, § 4(j)(26), July 5, 1994, 108 Stat. 1369, related to offers of financial assistance to avoid abandonment and discontinuance, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See section 10904 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 10906 - Exception
## Text
Notwithstanding section 10901 and subchapter II of chapter 113 of this title, and without the approval of the Board, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may enter into arrangements for the joint ownership or joint use of spur, industrial, team, switching, or side tracks. The Board does not have authority under this chapter over construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 827.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 10907 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 10906, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1406, related to offering abandoned rail properties for sale for public purposes, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See section 10905 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 10908 - Regulation of solid waste rail transfer facilities
## Text
(a) In General.— Each solid waste rail transfer facility shall be subject to and shall comply with all applicable Federal and State requirements, both substantive and procedural, including judicial and administrative orders and fines, respecting the prevention and abatement of pollution, the protection and restoration of the environment, and the protection of public health and safety, including laws governing solid waste, to the same extent as required for any similar solid waste management facility, as defined in section 1004(29) of the Solid Waste Disposal Act (42 U.S.C. 6903(29)) 11 So in original. Probably should be followed by a comma. that is not owned or operated by or on behalf of a rail carrier, except as provided for in section 10909 of this chapter.
(b) Existing Facilities.— (1) State laws and standards.— Not later than 90 days after the date of enactment of the Clean Railroads Act of 2008, a solid waste rail transfer facility operating as of such date of enactment shall comply with all Federal and State requirements pursuant to subsection (a) other than those provisions requiring permits.
(2) Permit requirements.— (A) State non-siting permits.— Any solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a permit required pursuant to subsection (a), other than a siting permit for the facility, as of the date of enactment of the Clean Railroads Act of 2008 shall not be required to possess any such permits in order to operate the facility—
(i) if, within 180 days after such date of enactment, the solid waste rail transfer facility has submitted, in good faith, a complete application for all permits, except siting permits, required pursuant to subsection (a) to the appropriate permitting agency authorized to grant such permits; and
(ii) until the permitting agency has either approved or denied the solid waste rail transfer facilitys application for each permit.
(B) Siting permits and requirements.— A solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a State siting permit required pursuant to subsection (a) as of such date of enactment shall not be required to possess any siting permit to continue to operate or comply with any State land use requirements. The Governor of a State in which the facility is located, or his or her designee, may petition the Board to require the facility to apply for a land-use exemption pursuant to section 10909 of this chapter. The Board shall accept the petition, and the facility shall be required to have a Board-issued land-use exemption in order to continue to operate, pursuant to section 10909 of this chapter.
(c) Common Carrier Obligation.— No prospective or current rail carrier customer may demand solid waste rail transfer service from a rail carrier at a solid waste rail transfer facility that does not already possess the necessary Federal land-use exemption and State permits at the location where service is requested.
(d) Non-Waste Commodities.— Nothing in this section or section 10909 of this chapter shall affect a rail carriers ability to conduct transportation-related activities with respect to commodities other than solid waste.
(e) Definitions.— (1) In general.— In this section:
(A) Commercial and retail waste.— The term “commercial and retail waste” means material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities.
(B) Construction and demolition debris.— The term “construction and demolition debris” means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures.
(C) Household waste.— The term “household waste” means material discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities.
(D) Industrial waste.— The term “industrial waste” means the solid waste generated by manufacturing and industrial and research and development processes and operations, including contaminated soil, nonhazardous oil spill cleanup waste and dry nonhazardous pesticides and chemical waste, but does not include hazardous waste regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), mining or oil and gas waste.
(E) Institutional waste.— The term “institutional waste” means material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities.
(F) Municipal solid waste.— The term “municipal solid waste” means—
(i) household waste;
(ii) commercial and retail waste; and
(iii) institutional waste.
(G) Solid waste.— With the exception of waste generated by a rail carrier during track, track structure, or right-of-way construction, maintenance, or repair (including railroad ties and line-side poles) or waste generated as a result of a railroad accident, incident, or derailment, the term “solid waste” means—
(i) construction and demolition debris;
(ii) municipal solid waste;
(iii) household waste;
(iv) commercial and retail waste;
(v) institutional waste;
(vi) sludge;
(vii) industrial waste; and
(viii) other solid waste, as determined appropriate by the Board.
(H) Solid waste rail transfer facility.— The term “solid waste rail transfer facility”—
(i) means the portion of a facility owned or operated by or on behalf of a rail carrier (as defined in section 10102 of this title) where solid waste, as a commodity to be transported for a charge, is collected, stored, separated, processed, treated, managed, disposed of, or transferred, when the activity takes place outside of original shipping containers; but
(ii) does not include—
(I) the portion of a facility to the extent that activities taking place at such portion are comprised solely of the railroad transportation of solid waste after the solid waste is loaded for shipment on or in a rail car, including railroad transportation for the purpose of interchanging railroad cars containing solid waste shipments; or
(II) a facility where solid waste is solely transferred or transloaded from a tank truck directly to a rail tank car.
(I) Sludge.— The term “sludge” means any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
(2) Exceptions.— Notwithstanding paragraph (1), the terms “household waste”, “commercial and retail waste”, and “institutional waste” do not include—
(A) yard waste and refuse-derived fuel;
(B) used oil;
(C) wood pallets;
(D) clean wood;
(E) medical or infectious waste; or
(F) motor vehicles (including motor vehicle parts or vehicle fluff).
(3) State requirements.— In this section the term “State requirements” does not include the laws, regulations, ordinances, orders, or other requirements of a political subdivision of a State, including a locality or municipality, unless a State expressly delegates such authority to such political subdivision.
(Added Pub. L. 110432, div. A, title VI, § 603(a), Oct. 16, 2008, 122 Stat. 4900.)
## Notes
Editorial Notes
References in TextThe date of enactment of the Clean Railroads Act of 2008, referred to in subsec. (b), is the date of enactment of title VI of div. A of Pub. L. 110432, which was approved Oct. 16, 2008. The Solid Waste Disposal Act, referred to in subsec. (e)(1)(D), is title II of Pub. L. 89272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 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 6901 of Title 42 and Tables.
Prior ProvisionsFor prior section 10908, see note set out under section 10907 of this title.
@@ -0,0 +1,97 @@
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# 49 U.S.C. § 10909 - Solid waste rail transfer facility land-use exemption
## Text
(a) Authority.— The Board may issue a land-use exemption for a solid waste rail transfer facility that is or is proposed to be operated by or on behalf of a rail carrier if—
(1) the Board finds that a State, local, or municipal law, regulation, order, or other requirement affecting the siting of such facility unreasonably burdens the interstate transportation of solid waste by railroad, discriminates against the railroad transportation of solid waste and a solid waste rail transfer facility, or a rail carrier that owns or operates such a facility petitions the Board for such an exemption; or
(2) the Governor of a State in which a facility that is operating as of the date of enactment of the Clean Railroads Act of 2008 is located, or his or her designee, petitions the Board to initiate a permit proceeding for that particular facility.
(b) Land-Use Exemption Procedures.— Not later than 90 days after the date of enactment of the Clean Railroads Act of 2008, the Board shall publish procedures governing the submission and review of applications for solid waste rail transfer facility land-use exemptions. At a minimum, the procedures shall address—
(1) the information that each application should contain to explain how the solid waste rail transfer facility will not pose an unreasonable risk to public health, safety, or the environment;
(2) the opportunity for public notice and comment including notification of the municipality, the State, and any relevant Federal or State regional planning entity in the jurisdiction of which the solid waste rail transfer facility is proposed to be located;
(3) the timeline for Board review, including a requirement that the Board approve or deny an exemption within 90 days after the full record for the application is developed;
(4) the expedited review timelines for petitions for modifications, amendments, or revocations of granted exemptions;
(5) the process for a State to petition the Board to require a solid waste transfer facility or a rail carrier that owns or operates such a facility to apply for a siting permit; and
(6) the process for a solid waste transfer facility or a rail carrier that owns or operates such a facility to petition the Board for a land-use exemption.
(c) Standard for Review.— (1) The Board may only issue a land-use exemption if it determines that the facility at the existing or proposed location does not pose an unreasonable risk to public health, safety, or the environment. In deciding whether a solid waste rail transfer facility that is or proposed to be constructed or operated by or on behalf of a rail carrier poses an unreasonable risk to public health, safety, or the environment, the Board shall weigh the particular facilitys potential benefits to and the adverse impacts on public health, public safety, the environment, interstate commerce, and transportation of solid waste by rail.
(2) The Board may not grant a land-use exemption for a solid waste rail transfer facility proposed to be located on land within any unit of or land affiliated with the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National Trails System, the National Wild and Scenic Rivers System, a National Reserve, a National Monument, or lands referenced in Public Law 108421 for which a State has implemented a conservation management plan, if operation of the facility would be inconsistent with restrictions placed on such land.
(d) Considerations.— When evaluating an application under this section, the Board shall consider and give due weight to the following, as applicable:
(1) the land-use, zoning, and siting regulations or solid waste planning requirements of the State or State subdivision in which the facility is or will be located that are applicable to solid waste transfer facilities, including those that are not owned or operated by or on behalf of a rail carrier;
(2) the land-use, zoning, and siting regulations or solid waste planning requirements applicable to the property where the solid waste rail transfer facility is proposed to be located;
(3) regional transportation planning requirements developed pursuant to Federal and State law;
(4) regional solid waste disposal plans developed pursuant to State or Federal law;
(5) any Federal and State environmental protection laws or regulations applicable to the site;
(6) any unreasonable burdens imposed on the interstate transportation of solid waste by railroad, or the potential for discrimination against the railroad transportation of solid waste, a solid waste rail transfer facility, or a rail carrier that owns or operates such a facility; and
(7) any other relevant factors, as determined by the Board.
(e) Existing Facilities.— Upon the granting of a petition from the State in which a solid waste rail transfer facility is operating as of the date of enactment of the Clean Railroads Act of 2008 by the Board, the facility shall submit a complete application for a siting permit to the Board pursuant to the procedures issued pursuant to subsection (b). No State may enforce a law, regulation, order, or other requirement affecting the siting of a facility that is operating as of the date of enactment of the Clean Railroads Act of 2008 until the Board has approved or denied a permit pursuant to subsection (c).
(f) Effect of Land-Use Exemption.— If the Board grants a land-use exemption to a solid waste rail transfer facility, all State laws, regulations, orders, or other requirements affecting the siting of a facility are preempted with regard to that facility. An exemption may require compliance with such State laws, regulations, orders, or other requirements.
(g) Injunctive Relief.— Nothing in this section precludes a person from seeking an injunction to enjoin a solid waste rail transfer facility from being constructed or operated by or on behalf of a rail carrier if that facility has materially violated, or will materially violate, its land-use exemption or if it failed to receive a valid land-use exemption under this section.
(h) Fees.— The Board may charge permit applicants reasonable fees to implement this section, including the costs of third-party consultants.
(i) Definitions.— In this section the terms “solid waste”, “solid waste rail transfer facility”, and “State requirements” have the meaning given such terms in section 10908(e).
(Added Pub. L. 110432, div. A, title VI, § 604(a), Oct. 16, 2008, 122 Stat. 4903; amended Pub. L. 11494, div. A, title XI, § 11316(b), Dec. 4, 2015, 129 Stat. 1676.)
## Notes
References in TextThe date of enactment of the Clean Railroads Act of 2008, referred to in subsecs. (a)(2), (b), and (e), is the date of enactment of title VI of div. A of Pub. L. 110432, which was approved Oct. 16, 2008. Public Law 108421, referred to in subsec. (c)(2), is Pub. L. 108421, Nov. 30, 2004, 118 Stat. 2375, known as the Highlands Conservation Act, which is not classified to the Code.
Editorial Notes
Prior ProvisionsFor prior section 10909, see note set out under section 10907 of this title.
Amendments2015—Subsec. (b). Pub. L. 11494, § 11316(b)(1), substituted “Clean Railroads Act of 2008” for “Clean Railroad Act of 2008” in introductory provisions. Subsec. (e). Pub. L. 11494, § 11316(b)(2), substituted “Upon the granting of a petition from the State” for “Upon the granting of petition from the State”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 10910 - Effect on other statutes and authorities
## Text
Nothing in section 10908 or 10909 is intended to affect the traditional police powers of the State to require a rail carrier to comply with State and local environmental, public health, and public safety standards that are not unreasonably burdensome to interstate commerce and do not discriminate against rail carriers.
(Added Pub. L. 110432, div. A, title VI, § 605(a), Oct. 16, 2008, 122 Stat. 4905.)
## Notes
Editorial Notes
Prior ProvisionsFor prior section 10910, see note set out under section 10907 of this title.
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# 49 U.S.C. § 1101 - Definitions
## Text
(a) In General.— In this chapter:
(1) Accident.— The term “accident” includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.
(2) State.— The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam.
(b) Applicability of Other Definitions.— Section 2101(24) 11 So in original. Probably should be “2101(25)”. of title 46 and section 40102(a) of this title shall apply to this chapter.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106424, § 2, Nov. 1, 2000, 114 Stat. 1883; Pub. L. 115232, div. C, title XXXV, § 3541(b)(17), Aug. 13, 2018, 132 Stat. 2324; Pub. L. 11863, title XII, § 1203, May 16, 2024, 138 Stat. 1422; Pub. L. 11960, div. G, title LXXIII, § 7301(k)(2)(D), Dec. 18, 2025, 139 Stat. 1759.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1101(no source) A number of the source provisions of the chapter are taken from 49 App.:ch. 20. The text of 49 App.:ch. 20 contains general definitions, some of which are used in those source provisions. This section 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 note for section 40102(a) of the revised title.
Editorial Notes
Amendments2025—Subsec. (b). Pub. L. 11960 substituted “Section 2101(24)” for “Section 2101(23)”. 2024—Pub. L. 11863 amended section generally. Prior to amendment, text read as follows: “Section 2101(23) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term accident includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.” 2018—Pub. L. 115232 substituted “Section 2101(23)” for “Section 2101(17a)”. 2000—Pub. L. 106424 amended section catchline and text generally. Prior to amendment, text read as follows: “Section 40102(a) of this title applies to this chapter.”
Statutory Notes and Related Subsidiaries
Short Title of 2024 AmendmentPub. L. 11863, title XII, § 1201, May 16, 2024, 138 Stat. 1422, provided that: “This title [amending this section and sections 1113 to 1116, 1118, 1131, 1134 to 1136, 1138 to 1140, 1151, 1155, and 24316 of this title, enacting provisions set out as notes under sections 1111, 1114, and 1131 of this title, and repealing provisions set out as a note under section 1113 of this title] may be cited as the National Transportation Safety Board Amendments Act of 2024.”
Short Title of 2015 AmendmentPub. L. 114110, § 1(a), Dec. 18, 2015, 129 Stat. 2228, provided that: “This Act [see Tables for classification] may be cited as the Surface Transportation Board Reauthorization Act of 2015.”
Short Title of 2006 AmendmentPub. L. 109443, § 1(a), Dec. 21, 2006, 120 Stat. 3297, provided that: “This Act [enacting section 1138 of this title, amending sections 1111, 1113, 1117, 1118, 1131, 1135, and 1137 of this title, enacting provisions set out as notes under sections 1111 and 1118 of this title, and amending provisions set out as a note under section 1113 of this title] may be cited as the National Transportation Safety Board Reauthorization Act of 2006.”
Short Title of 2003 AmendmentPub. L. 108168, § 1, Dec. 6, 2003, 117 Stat. 2032, provided that: “This Act [enacting section 354 of this title, amending sections 354, 1118, 1119, 1131, 1135, and 1136 of this title, and enacting provisions set out as notes under sections 1113, 1131, and 1135 of this title] may be cited as the National Transportation Safety Board Reauthorization Act of 2003.”
Short Title of 2000 AmendmentPub. L. 106424, § 1(a), Nov. 1, 2000, 114 Stat. 1883, provided that: “This Act [enacting section 1137 of this title, amending this section and sections 1111, 1113 to 1115, 1118, 1131, 1154, 44721, and 46301 of this title, and enacting provisions set out as notes under sections 1111, 1113, 1131, 44703, and 44721 of this title] may be cited as the National Transportation Safety Board Amendments Act of 2000.”
Short Title of 1996 AmendmentPub. L. 104291, title I, § 101, Oct. 11, 1996, 110 Stat. 3452, provided that: “This title [amending sections 1114, 1115, and 1118 of this title] may be cited as the National Transportation Safety Board Amendments of 1996.”
Definitions of Terms in Div. C of Pub. L. 115254 Pub. L. 115254, div. C, § 1102, Oct. 5, 2018, 132 Stat. 3429, provided that: “In this division [enacting section 1140 of this title, amending sections 1111, 1113, 1114, 1116 to 1118, 1131, 1134, 1136, 1138, 1139, 1154, 41113, and 41313 of this title, and enacting provisions set out as notes under sections 1116, 1119, and 40101 of this title], the following definitions apply: “(1) Board.—The term Board means the National Transportation Safety Board. “(2) Chairman.—The term Chairman means the Chairman of the National Transportation Safety Board. “(3) Most wanted list.—The term Most Wanted List means the Board publication entitled Most Wanted List.”
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# 49 U.S.C. § 1111 - General organization
## Text
(a) Organization.— The National Transportation Safety Board is an independent establishment of the United States Government.
(b) Appointment of Members.— The Board is composed of 5 members appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. At least 3 members shall be appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in accident reconstruction, safety engineering, human factors, transportation safety, or transportation regulation.
(c) Terms of Office and Removal.— The term of office of each member is 5 years. 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) Chairman and Vice Chairman.— The President shall designate, by and with the advice and consent of the Senate, a Chairman of the Board. The President also shall designate a Vice Chairman of the Board. The terms of office of both the Chairman and Vice Chairman are 3 years. When the Chairman is absent or unable to serve or when the position of Chairman is vacant, the Vice Chairman acts as Chairman.
(e) Duties and Powers of Chairman.— The Chairman is the chief executive and administrative officer of the Board. Subject to the general policies and decisions of the Board, the Chairman shall—
(1) appoint and supervise officers and employees, other than regular and full-time employees in the immediate offices of another member, necessary to carry out this chapter;
(2) fix the pay of officers and employees necessary to carry out this chapter;
(3) distribute business among the officers, employees, and administrative units of the Board; and
(4) supervise the expenditures of the Board.
(f) Quorum.— Three members of the Board are a quorum in carrying out duties and powers of the Board.
(g) Offices, Bureaus, and Divisions.— The Board shall establish offices necessary to carry out this chapter, including an office to investigate and report on the safe transportation of hazardous material. The Board shall establish distinct and appropriately staffed bureaus, divisions, or offices to investigate and report on accidents involving each of the following modes of transportation:
(1) aviation.
(2) highway and motor vehicle.
(3) rail and tracked vehicle.
(4) pipeline.
(5) marine.
(h) Chief Financial Officer.— The Chairman shall designate an officer or employee of the Board as the Chief Financial Officer. The Chief Financial Officer shall—
(1) report directly to the Chairman on financial management and budget execution;
(2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and
(3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides, and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value.
(i) Board Member Staff.— Each member of the Board shall select and supervise regular and full-time employees in his or her immediate office as long as any such employee has been approved for employment by the designated agency ethics official under the same guidelines that apply to all employees of the Board. Except for the Chairman, the appointment authority provided by this subsection is limited to the number of full-time equivalent positions, in addition to 1 senior professional staff at a level not to exceed the GS 15 level and 1 administrative staff, allocated to each member through the Boards annual budget and allocation process.
(j) Seal.— The Board shall have a seal that shall be judicially recognized.
(k) Open Meetings.— (1) In general.— The Board shall be deemed to be an agency for purposes of section 552b of title 5.
(2) Nonpublic collaborative discussions.— (A) In general.— Notwithstanding section 552b of title 5, a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if—
(i) no formal or informal vote or other official agency action is taken at the meeting;
(ii) each individual present at the meeting is a member or an employee of the Board;
(iii) at least 1 member of the Board from each political party is present at the meeting, if applicable; and
(iv) the General Counsel of the Board is present at the meeting.
(B) Disclosure of nonpublic collaborative discussions.— Except as provided under subparagraphs (C) and (D), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily accessible to the public—
(i) a list of the individuals present at the meeting; and
(ii) a summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under section 552b(c) of title 5.
(C) Summary.— If the Board properly determines a matter may be withheld from the public under section 552b(c) of title 5, the Board shall provide a summary with as much general information as possible on each matter withheld from the public.
(D) Active investigations.— If a discussion under subparagraph (A) directly relates to an active investigation, the Board shall make the disclosure under subparagraph (B) on the date the Board adopts the final report.
(E) Preservation of open meetings requirements for agency action.— Nothing in this paragraph may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the members other than that described in this paragraph.
(F) Statutory construction.— Nothing in this paragraph may be construed—
(i) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under subparagraph (B)(ii); or
(ii) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106424, § 10, Nov. 1, 2000, 114 Stat. 1886; Pub. L. 109443, § 9(a), (d), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 115254, div. C, § 1112(a), (b), Oct. 5, 2018, 132 Stat. 3436.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1111(a)49 App.:1902(a).Jan. 3, 1975, Pub. L. 93633, § 303(a), (b)(2) (c), 88 Stat. 2167, 2168. 1111(b)49 App.:1902(b)(1) (1st sentence words before comma, 2dlast sentences).Jan. 3, 1975, Pub. L. 93633, § 303(b)(1), 88 Stat. 2167; Oct. 14, 1982, Pub. L. 97309, § 1 (1st sentence), 96 Stat. 1453. 1111(c)49 App.:1902(b)(2). 1111(d)49 App.:1902(b)(1) (1st sentence words after comma), (3) (1st, 2d, 4th sentences). 1111(e)49 App.:1902(b)(3) (3d, last sentences), (c)(3). 1111(f)49 App.:1902(b)(4). 1111(g)49 App.:1902(b)(5), (c)(1). 1111(h)49 App.:1902(c)(2). In subsection (a), the words “previously established within the Department of Transportation” are omitted as unnecessary. The words “in accordance with this section, on and after April 1, 1975” are omitted as executed. In subsection (c), the words “except as otherwise provided in this paragraph” are omitted as surplus. The text of 49 App.:1902(b)(2) (4th sentence) is omitted as executed. In subsection (d), the words “On or before January 1, 1976” are omitted as executed. The words “(and thereafter as required)” and “(hereafter in this chapter referred to as the Chairman)” are omitted as unnecessary. In subsection (e), before clause (1), the words “is the chief executive and administrative officer of the Board” are substituted for “shall be the chief executive officer of the Board and shall exercise the executive and administrative functions of the Board” for clarity. The words “Subject to the general policies and decisions of the Board, the Chairman shall” are substituted for 49 App.:1902(b)(3) (last sentence) to eliminate unnecessary words. In clause (1), the words “Subject to the civil service and classification laws” are omitted as unnecessary because of title 5, United States Code, especially sections 3301, 5101, and 5331. The words “the Board is authorized” are omitted for consistency because the authority to appoint officers and employees is vested in the Chairman subject to the “general policies and decisions of the Board” as provided in the source provisions. The words “including investigators, attorneys, and administrative law judges” are omitted as covered by “officers and employees”. The words “carry out this chapter” are substituted for “carry out its powers and duties under this chapter” to eliminate unnecessary words. In clause (3), the words “expenditures of the Board” are substituted for “the use and expenditure of funds” for clarity. In subsection (f), the words “duties and powers” are substituted for “function” for consistency in the revised title and with other titles of the Code. In subsection (g), the text of 49 App.:1902(c)(1) is omitted as unnecessary because of 40:ch. 10.
Editorial Notes
References in TextGS15, referred to in subsec. (i), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.
Amendments2018—Subsec. (d). Pub. L. 115254, § 1112(a), substituted “3 years” for “2 years”. Subsec. (k). Pub. L. 115254, § 1112(b), added subsec. (k). 2006—Subsec. (e)(1). Pub. L. 109443, § 9(d)(1), added par. (1) and struck out former par. (1) which read as follows: “appoint, supervise, and fix the pay of officers and employees necessary to carry out this chapter;”. Subsec. (e)(2) to (4). Pub. L. 109443, § 9(d)(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (g)(5). Pub. L. 109443, § 9(a), added par. (5). Subsecs. (i), (j). Pub. L. 109443, § 9(d)(4), (5), added subsec. (i) and redesignated former subsec. (i) as (j). 2000—Subsecs. (h), (i). Pub. L. 106424 added subsec. (h) and redesignated former subsec. (h) as (i).
Statutory Notes and Related Subsidiaries
Drug-Free WorkplacePub. L. 11863, title XII, § 1218, May 16, 2024, 138 Stat. 1431, provided that: “Not later than 12 months after the date of enactment of this Act [May 16, 2024], the National Transportation Safety Board shall implement a drug testing program applicable to Board employees, including employees in safety or security sensitive positions, in accordance with Executive Order No. 12564 (51 Fed. Reg. 32889).”
Utilization PlanPub. L. 109443, § 2(a)(2), Dec. 21, 2006, 120 Stat. 3297, provided that: “(A) Plan.—Within 90 days after the date of enactment of this Act [Dec. 21, 2006], the National Transportation Safety Board shall—“(i) develop a plan to achieve, to the maximum extent feasible, the self-sufficient operation of the National Transportation Safety Board Academy and utilize the Academys facilities and resources; “(ii) submit a draft of the plan to the Comptroller General for review and comment; and “(iii) submit a draft of the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. “(B) Plan development considerations.—The Board shall—“(i) give consideration in developing the plan under subparagraph (A)(i) to other revenue-generating measures, including subleasing the facility to another entity; and “(ii) include in the plan a detailed financial statement that covers current Academy expenses and revenues and an analysis of the projected impact of the plan on the Academys expenses and revenues. “(C) Report.—Within 180 days after the date of enactment of this Act [Dec. 21, 2006], the National Transportation Safety Board shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes—“(i) an updated copy of the plan developed pursuant to subparagraph (A)(i); “(ii) any comments and recommendations made by the Comptroller General pursuant to the Government Accountability Offices review of the draft plan; and “(iii) a response to the Comptroller Generals comments and recommendations, including a description of any modifications made to the plan in response to those comments and recommendations. “(D) Implementation.—The plan developed pursuant to subparagraph (A)(i) shall be implemented within 2 years after the date of enactment of this Act [Dec. 21, 2006].”
Audit ProceduresPub. L. 109443, § 6, Dec. 21, 2006, 120 Stat. 3300, provided that: “The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall continue to develop and implement comprehensive internal audit controls for its operations. The audit controls shall address, at a minimum, Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.”
Improved Audit ProceduresPub. L. 106424, § 11, Nov. 1, 2000, 114 Stat. 1887, provided that: “The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. The improved internal audit controls shall, at a minimum, address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.”
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# 49 U.S.C. § 1112 - Special boards of inquiry on air transportation safety
## Text
(a) Establishment.— If an accident involves a substantial question about public safety in air transportation, the National Transportation Safety Board may establish a special board of inquiry composed of—
(1) one member of the Board acting as chairman; and
(2) 2 members representing the public, appointed by the President on notification of the establishment of the special board of inquiry.
(b) Qualifications and Conflicts of Interest.— The public members of a special board of inquiry must be qualified by training and experience to participate in the inquiry and may not have a pecuniary interest in an aviation enterprise involved in the accident to be investigated.
(c) Authority.— A special board of inquiry has the same authority that the Board has under this chapter.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 747.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 111249 App.:1443.Aug. 23, 1958, Pub. L. 85726, § 703, 72 Stat. 782. 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1)(A), 88 Stat. 2168. In subsection (c), the words “when convened to investigate an accident certified to it by the National Transportation Safety Board” are omitted as surplus.
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# 49 U.S.C. § 1114 - Disclosure, availability, and use of information
## Text
(a) General.— (1) Except as provided in subsections (b), (c), (d), and (f) of this section, a copy of a record, information, or investigation submitted or received by the National Transportation Safety Board, or a member or employee of the Board, shall be made available to the public on identifiable request and at reasonable cost. This subsection does not require the release of information described by section 552(b) of title 5 or protected from disclosure by another law of the United States.
(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.
(b) Certain Confidential Information.— (1) In general.— The Board may disclose confidential information described in section 1905 of title 18, including trade secrets, only—
(A) to another department, agency, or instrumentality of the United States Government when requested for official use;
(B) to a committee of Congress having jurisdiction over the subject matter to which the information is related, when requested by that committee;
(C) in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing the proceeding; and
(D) to the public to protect health and safety after giving notice to any interested person to whom the information is related and an opportunity for that person to comment in writing, or orally in closed session, on the proposed disclosure, if the delay resulting from notice and opportunity for comment would not be detrimental to health and safety.
(2) Information disclosed under paragraph (1) of this subsection may be disclosed only in a way designed to preserve its confidentiality.
(3) Protection of Voluntary Submission of Information.— Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Boards accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.
(c) Cockpit Recordings and Transcripts.— (1) Confidentiality of recordings.— Except as provided in paragraph (2), the Board may not disclose publicly any part of a cockpit voice or video recorder recording or transcript of oral communications by and between flight crew members and ground stations related to an accident or incident investigated by the Board.
(2) Exception.— Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder the Board decides is relevant to the accident or incident—
(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket.
(3) References to information in making safety recommendations.— This subsection does not prevent the Board from referring at any time to cockpit voice or video recorder information in making safety recommendations.
(d) Surface Vehicle Recordings and Transcripts.— (1) Confidentiality of recordings.— Except as provided in paragraph (2), the Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board.
(2) Exception.— Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder the Board decides is relevant to the accident—
(A) if the Board holds a public hearing on the accident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.
(3) References to information in making safety recommendations.— This subsection does not prevent the Board from referring at any time to voice or video recorder information in making safety recommendations.
(e) Drug Tests.— (1) Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (Public Law 10071, 101 Stat. 471), the Secretary of Transportation shall provide the following information to the Board when requested in writing by the Board:
(A) any report of a confirmed positive toxicological test, verified as positive by a medical review officer, conducted on an officer or employee of the Department of Transportation under post-accident, unsafe practice, or reasonable suspicion toxicological testing requirements of the Department, when the officer or employee is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the Board.
(B) any laboratory record documenting that the test is confirmed positive.
(2) Except as provided by paragraph (3) of this subsection, the Board shall maintain the confidentiality of, and exempt from disclosure under section 552(b)(3) of title 5—
(A) a laboratory record provided the Board under paragraph (1) of this subsection that reveals medical use of a drug allowed under applicable regulations; and
(B) medical information provided by the tested officer or employee related to the test or a review of the test.
(3) The Board may use a laboratory record made available under paragraph (1) of this subsection to develop an evidentiary record in an investigation of an accident or incident if—
(A) the fitness of the tested officer or employee is at issue in the investigation; and
(B) the use of that record is necessary to develop the evidentiary record.
(f) Foreign Investigations.— (1) In general.— Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that—
(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and
(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation.
(2) Safety recommendations.— Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.
(g) Privacy Protections.— Before making public any still image obtained from a video recorder under subsection (c)(2) or subsection (d)(2), the Board shall take such action as appropriate to protect from public disclosure any information that readily identifies an individual, including a decedent.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 749; Pub. L. 104291, title I, §§ 102, 103, Oct. 11, 1996, 110 Stat. 3452; Pub. L. 106424, §§ 3(b)(2), 5(a), (b), Nov. 1, 2000, 114 Stat. 1884, 1885; Pub. L. 115254, div. C, § 1104(a), Oct. 5, 2018, 132 Stat. 3429; Pub. L. 11863, title XII, § 1208(a), May 16, 2024, 138 Stat. 1424.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1114(a)49 App.:1905(a).Jan. 3, 1975, Pub. L. 93633, § 306(a), (b), 88 Stat. 2172; Oct. 14, 1982, Pub. L. 97309, § 2, 96 Stat. 1453. 1114(b)49 App.:1905(b). 1114(c)49 App.:1905(c).Jan. 3, 1975, Pub. L. 93633, 88 Stat. 2156, § 306(c); added Oct. 14, 1982, Pub. L. 97309, § 2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101641, § 4, 104 Stat. 4654. 1114(d)(1)49 App.:1903(b) (11)(A).Jan. 3, 1975, Pub. L. 93633, 88 Stat. 2156, § 304(b)(11); added Nov. 28, 1990, Pub. L. 101641, § 6, 104 Stat. 4656. 1114(d)(2)49 App.:1903(b) (11)(B). 1114(d)(3)49 App.:1903(b) (11)(C). In subsection (a), the words “record, information, or investigation” are substituted for “communication, document, investigation, or other report, or information” to eliminate unnecessary words. The words “of the United States” are added for clarity. In subsection (c)(1), before clause (A), the words “Notwithstanding any other provision of law” are omitted as surplus. The word “relevant” is substituted for “relevant and pertinent” to eliminate unnecessary words. In subsection (d), the words “officer or employee” are substituted for “employee” for clarity and consistency in the revised title and with other titles of the United States Code. In subsection (d)(2), before clause (A), the words “maintain the confidentiality of” are substituted for “maintain in confidence” for consistency in the revised title and with other titles of the Code. In clause (A), the words “of a confirmed and verified toxicological test” are omitted as unnecessary because of the restatement of the source provisions in paragraph (1) of this subsection. In subsection (d)(3), the words “laboratory record made available under paragraph (1) of this subsection” are substituted for “such a laboratory record” for clarity.
Editorial Notes
References in TextSection 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (e)(1), is section 503(e) of Pub. L. 10071, which is set out as a note under section 7301 of Title 5, Government Organization and Employees.
Amendments2024—Subsec. (b). Pub. L. 11863, § 1208(a)(1), substituted “Certain Confidential Information” for “Trade Secrets” in heading. Subsec. (b)(1). Pub. L. 11863, § 1208(a)(2), inserted heading and substituted “confidential information described in section 1905 of title 18, including trade secrets,” for “information related to a trade secret referred to in section 1905 of title 18” in introductory provisions. 2018—Subsec. (c)(1). Pub. L. 115254, § 1104(a)(1)(C)(i), inserted heading and substituted “Except as provided in paragraph (2), the Board” for “The Board”. Subsec. (c)(2). Pub. L. 115254, § 1104(a)(1)(C)(ii), designated second sentence of par. (1) as par. (2) and amended it generally. Prior to amendment, second sentence of par. (1) read as follows: “However, the Board shall make public any part of a transcript or any written depiction of visual information the Board decides is relevant to the accident or incident— “(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or “(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket.” Former par. (2) redesignated (3). Subsec. (c)(3). Pub. L. 115254, § 1104(a)(1)(A), (B), redesignated par. (2) as (3) and inserted heading. Subsec. (d)(1). Pub. L. 115254, § 1104(a)(2)(B)(i), substituted “Except as provided in paragraph (2), the Board” for “The Board”. Subsec. (d)(2). Pub. L. 115254, § 1104(a)(2)(B)(ii), designated second sentence of par. (1) as par. (2) and amended it generally. Prior to amendment, second sentence of par. (1) read as follows: “However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident— “(A) if the Board holds a public hearing on the accident, at the time of the hearing; or “(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.” Former par. (2) redesignated (3). Subsec. (d)(3). Pub. L. 115254, § 1104(a)(2)(A), redesignated par. (2) as (3). Subsec. (g). Pub. L. 115254, § 1104(a)(3), added subsec. (g). 2000—Subsec. (a). Pub. L. 106424, §§ 3(b)(2), 5(b)(2), designated existing provisions as par. (1), substituted “(d), and (f)” for “and (e)” in first sentence, and added par. (2). Subsec. (c). Pub. L. 106424, § 5(a)(1), struck out “Voice” after “Cockpit” in heading. Subsec. (c)(1). Pub. L. 106424, § 5(a)(2), (3), substituted “cockpit voice or video recorder” for “cockpit voice recorder” in first sentence and inserted “or any written depiction of visual information” after “transcript” in second sentence. Subsec. (c)(2). Pub. L. 106424, § 5(a)(2), substituted “cockpit voice or video recorder” for “cockpit voice recorder”. Subsec. (d). Pub. L. 106424, § 5(b)(1)(B), which directed the addition of subsec. (d) after subsec. (e), was executed by adding subsec. (d) before subsec. (e) to reflect the probable intent of Congress. Former subsec. (d) redesignated (e). Subsecs. (e), (f). Pub. L. 106424, § 5(b)(1)(A), redesignated subsecs. (d) and (e) as (e) and (f), respectively. 1996—Subsec. (a). Pub. L. 104291, § 102(1), substituted “(b), (c), and (e)” for “(b) and (c)”. Subsec. (b)(3). Pub. L. 104291, § 103, added par. (3). Subsec. (e). Pub. L. 104291, § 102(2), added subsec. (e).
Statutory Notes and Related Subsidiaries
Electronic Availability of Public Docket RecordsPub. L. 11863, title XII, § 1217, May 16, 2024, 138 Stat. 1431, provided that: “(a) In General.—Not later than 24 months after the date of enactment of this Act [May 16, 2024], the National Transportation Safety Board shall make all records included in the public docket of an accident or incident investigation conducted by the Board (or the public docket of a study, report, or other product issued by the Board) electronically available in a publicly accessible database on a website of the Board, regardless of the date on which such public docket or record was created. “(b) Database.—In carrying out subsection (a), the Board may utilize the multimodal accident database management system established pursuant to section 1108 of the FAA Reauthorization Act of 2018 [Pub. L. 115254] (49 U.S.C. 1119 note) or such other publicly available database as the Board determines appropriate. “(c) Briefings.—The Board shall provide the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] an annual briefing on the implementation of this section until requirements of subsection (a) are fulfilled. Such briefings shall include—“(1) the number of public dockets that have been made electronically available pursuant to this section; and “(2) the number of public dockets that were unable to be made electronically available, including all reasons for such inability. “(d) Definitions.—In this section, the terms public docket and record have the same meanings given such terms in section 801.3 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act.”
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# 49 U.S.C. § 1115 - Training
## Text
(a) Definition.— In this section, “Institute” means the Transportation Safety Institute of the Department of Transportation and any successor organization of the Institute.
(b) Use of Institute Services.— The National Transportation Safety Board may use, on a reimbursable basis, the services of the Institute. The Secretary of Transportation shall make the Institute available to—
(1) the Board for safety training of employees of the Board in carrying out their duties and powers; and
(2) other safety personnel of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations the Board designates in consultation with the Secretary.
(c) Fees.— (1) Training at the Institute for safety personnel (except employees of the Government) shall be provided at a reasonable fee established periodically by the Board in consultation with the Secretary. The fee shall be paid directly to the Secretary, and the Secretary shall deposit the fee in the Treasury. The amount of the fee—
(A) shall be credited to the appropriate appropriation (subject to the requirements of any annual appropriation); and
(B) is an offset against any annual reimbursement agreement between the Board and the Secretary to cover all reasonable costs of providing training under this subsection that the Secretary incurs in operating the Institute.
(2) The Board shall maintain an annual record of offsets under paragraph (1)(B) of this subsection.
(d) Training of board employees and others.— The Board may conduct training of its employees in those subjects necessary for the proper performance of accident investigation and in those subjects furthering the personnel and workforce development needs set forth in the strategic workforce plan of the Board as required under section 1113(h). The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for accident investigation training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the Board as offsetting collections.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 750; Pub. L. 104291, title I, § 104, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106424, § 3(b)(3), Nov. 1, 2000, 114 Stat. 1884; Pub. L. 11863, title XII, § 1204(b), May 16, 2024, 138 Stat. 1423.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1115(a)(no source). 1115(b)49 App.:1903(b)(10) (1st, 2d sentences).Jan. 3, 1975, Pub. L. 93633, § 304(b)(10), 88 Stat. 2156; added July 19, 1988, Pub. L. 100372, § 4, 102 Stat. 876. 1115(c)49 App.:1903(b)(10) (3dlast sentences). In subsections (b) and (c), the words “or successor organization” are omitted as unnecessary because of subsection (a) of this section. In subsection (b), before clause (1), the words “(established for the purpose of developing courses and conducting training in safety and security for all modes of transportation)” are omitted as surplus. In clause (1), the words “carrying out their duties and powers” are substituted for “in the performance of all of their authorized functions” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations” are substituted for “of Federal, interstate, State, local, and foreign governments and non-governmental organizations” for clarity and consistency in the revised title and with other titles of the Code. In subsection (c)(1), before clause (A), the words “the Secretary shall deposit the fee in the Treasury” are added for clarity. In clause (B), the words “direct and indirect” are omitted as surplus. The word “administration” is omitted as being included in “operating”. The text of 49 App.:1903(b)(10) (last sentence) is omitted because 5:ch. 41 applies to the National Transportation Safety Board by its own terms.
Editorial Notes
Amendments2024—Subsec. (d). Pub. L. 11863 inserted “and in those subjects furthering the personnel and workforce development needs set forth in the strategic workforce plan of the Board as required under section 1113(h)” after “of accident investigation” in first sentence. 2000—Subsec. (d). Pub. L. 106424 substituted “of the Board” for “of the National Transportation Safety Board, Salaries and Expenses ”. 1996—Subsec. (d). Pub. L. 104291 added subsec. (d).
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# 49 U.S.C. § 1116 - Reports, studies, and retrospective reviews
## Text
(a) Periodic Reports.— The National Transportation Safety Board shall report periodically to Congress, departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities concerned with transportation safety, and other interested persons. The report shall—
(1) advocate meaningful responses to reduce the likelihood of transportation accidents similar to those investigated by the Board; and
(2) propose corrective action to make the transportation of individuals as safe and free from risk of injury as possible, including action to minimize personal injuries that occur in transportation accidents.
(b) Studies, Investigations, and Other Reports.— The Board also shall—
(1) carry out special studies and investigations about transportation safety, including avoiding personal injury;
(2) examine techniques and methods of accident investigation and periodically publish recommended procedures for accident investigations;
(3) prescribe requirements for persons reporting accidents and aviation incidents that—
(A) may be investigated by the Board under this chapter; or
(B) involve public aircraft (except aircraft of the armed forces and the intelligence agencies);
(4) evaluate, examine the effectiveness of, and publish the findings of the Board about the transportation safety consciousness of other departments, agencies, and instrumentalities of the Government and their effectiveness in preventing accidents; and
(5) evaluate the adequacy of safeguards and procedures for the transportation of hazardous material and the performance of other departments, agencies, and instrumentalities of the Government responsible for the safe transportation of that material.
(c) Annual Report.— The National Transportation Safety Board shall submit a report to Congress on July 1 of each year. The report shall include—
(1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year;
(2) a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation;
(3) a list of each recommendation made by the Board to the Secretary of Transportation or the Commandant of the Coast Guard that was closed in an unacceptable status in the preceding 12 months, including—
(A) any explanation the Board received from the Secretary or Commandant; and
(B) any explanation from the Board as to why the recommendation was closed in an unacceptable status, including a discussion of why alternate means, if any, taken by the Secretary or Commandant to address the Boards recommendation were inadequate;
(4) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;
(5) a description of the activities and operations of the National Transportation Safety Board Training Center during the prior calendar year;
(6) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and
(7) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.
(d) Retrospective Reviews.— (1) In general.— Subject to paragraph (2), not later than June 1, 2019, and at least every 5 years thereafter, the Chairman shall complete a retrospective review of recommendations issued by the Board that are classified as open by the Board.
(2) Contents.— A review under paragraph (1) shall include—
(A) a determination of whether the recommendation should be updated, closed, or reissued in light of—
(i) changed circumstances;
(ii) more recently issued recommendations;
(iii) the availability of new technologies; or
(iv) new information making the recommendation ineffective or insufficient for achieving its objective; and
(B) a justification for each determination under subparagraph (A).
(3) Report.— Not later than 180 days after the date a review under paragraph (1) is complete, the Chairman shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(A) the findings of the review under paragraph (1);
(B) each determination under paragraph (2)(A) and justification under paragraph (2)(B); and
(C) if applicable, a schedule for updating, closing, or reissuing a recommendation.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 115254, div. C, §§ 1107(a), 1111(a), Oct. 5, 2018, 132 Stat. 3432, 3436; Pub. L. 11863, title XII, § 1209, May 16, 2024, 138 Stat. 1425.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1116(a)49 App.:1441(a)(3), (5) (related to reducing accidents).Aug. 23, 1958, Pub. L. 85726, § 701(a)(3), (5), 72 Stat. 781. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A), (3).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1)(A), (3)(5), (7), (8), 88 Stat. 2168, 2169. 1116(b)(1)49 App.:1441(a)(5) (related to studies). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A), (4). 1116(b) (2)(5)49 App.:1903(a)(5). 49 App.:1903(a)(6).Jan. 3, 1975, Pub. L. 93633, § 304(a)(6), 88 Stat. 2169; Nov. 3, 1981, Pub. L. 9774, § 4, 95 Stat. 1065; Dec. 30, 1987, Pub. L. 100223, § 311(a), 101 Stat. 1528. 49 App.:1903(a)(7), (8). In subsection (a)(1), the word “recommending” is omitted as being included in “advocate” in 49 App.:1903(a)(3). The word “recurrence” is omitted as surplus. The text of 49 App.:1441(a)(3) and (5) (related to reducing accidents) is omitted as superseded by 49 App.:1903(a)(3). In subsection (b)(1), the words “carry out” are substituted for “initiate and conduct” in 49 App.:1903(a)(4) for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1441(a)(5) (related to studies) is omitted as superseded by 49 App.:1903(a)(4). In subsection (b)(2), the word “examine” is substituted for “assess and reassess” for clarity. The words “prepare and” are omitted as surplus. In subsection (b)(3), the words “by regulation” are omitted as unnecessary because of section 1113(f) of the revised title. In subsection (b)(4), the word “effectiveness” is substituted for “efficacy” for clarity.
Editorial Notes
Amendments2024—Subsec. (c)(3) to (7). Pub. L. 11863 added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively. 2018—Pub. L. 115254, § 1111(a)(1), substituted “, studies, and retrospective reviews” for “and studies” in section catchline. Subsec. (c). Pub. L. 115254, § 1107(a), added subsec. (c). Subsec. (d). Pub. L. 115254, § 1111(a)(2), added subsec. (d).
Statutory Notes and Related Subsidiaries
Savings ClausePub. L. 115254, div. C, § 1111(c), Oct. 5, 2018, 132 Stat. 3436, provided that: “Nothing in this section [amending this section] or the amendments made by this section may be construed to limit or otherwise affect the authority of the [National Transportation Safety] Board to update, close, or reissue a recommendation.”
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# 49 U.S.C. § 1117 - Methodology
## Text
(a) In General.— Not later than 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman shall include with each investigative report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation.
(b) Elements.— Except as provided in subsection (c), the methodology section under subsection (a) shall include, for each recommendation—
(1) a brief summary of the Boards collection and analysis of the specific accident investigation information most relevant to the recommendation;
(2) a description of the Boards use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and
(3) a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation.
(c) Acceptable Limitation.— If the Board knows of more than 3 examples taken by regulated entities before the publication of the safety recommendation that were consistent with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples.
(d) Exception.— Subsection (a) shall not apply if the recommendation is only for a person to disseminate information on—
(1) an existing agency best practices document; or
(2) an existing regulatory requirement.
(e) Rule of Construction.— Nothing in this section may be construed to require any change to a recommendation made by the Board before the date of enactment of the National Transportation Safety Board Reauthorization Act, unless the recommendation is a repeat recommendation issued on or after the date of enactment of such Act.
(f) Savings Clause.— Nothing in this section may be construed—
(1) to delay publication of the findings, cause, or probable cause of a Board investigation;
(2) to delay the issuance of an urgent recommendation that the Board has determined must be issued to avoid immediate loss, death, or injury; or
(3) to limit the number of examples the Board may consider before issuing a recommendation.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 10466, title II, § 2151, Dec. 21, 1995, 109 Stat. 731; Pub. L. 109443, § 2(a)(1), Dec. 21, 2006, 120 Stat. 3297; Pub. L. 115254, div. C, § 1107(b)(1), Oct. 5, 2018, 132 Stat. 3432.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 111749 App.:1904.Jan. 3, 1975, Pub. L. 93633, § 305, 88 Stat. 2171. In this section, before clause (1), the words “but need not be limited to” are omitted as surplus. In clause (2), the words “in such detail as the Board deems advisable” are omitted as surplus. In clause (3), the words “departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities” are substituted for “other government agencies” for clarity and consistency in the revised title and with other titles of the United States Code. The words “for those activities” are substituted for “in this field” for clarity. In clause (4), the word “evaluation” is substituted for “appraisal and evaluation and review” because it is inclusive.
Editorial Notes
References in TextThe date of enactment of the National Transportation Safety Board Reauthorization Act and the date of enactment of such Act, referred to in subsecs. (a) and (e), are the date of enactment of div. C of Pub. L. 115254, which was approved Oct. 5, 2018.
Amendments2018—Pub. L. 115254 amended section generally. Prior to amendment, section related to annual report. 2006—Pars. (4) to (6). Pub. L. 109443 added pars. (4) to (6). 1995—Par. (4). Pub. L. 10466 struck out par. (4) which read as follows: “an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change.”
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# 49 U.S.C. § 1118 - Authorization of appropriations
## Text
(a) In General.— (1) Authorizations.— There is authorized to be appropriated for purposes of this chapter—
(A) $140,000,000 for fiscal year 2024;
(B) $145,000,000 for fiscal year 2025;
(C) $148,000,000 for fiscal year 2026;
(D) $151,000,000 for fiscal year 2027; and
(E) $154,000,000 for fiscal year 2028.
(2) Availability.— Amounts authorized under paragraph (1) shall remain available until expended.
(b) Emergency Fund.— The Board has an emergency fund of $2,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level not to exceed $4,000,000.
(c) Fees, Refunds, and Reimbursements.— (1) In general.— The Board may impose and collect such fees, refunds, and reimbursements as it determines to be appropriate for services provided by or through the Board.
(2) Receipts credited as offsetting collections.— Notwithstanding section 3302 of title 31, any fee, refund, or reimbursement collected under this subsection—
(A) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed or with which the refund or reimbursement is associated;
(B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed or with which the refund or reimbursement is associated; and
(C) shall remain available until expended.
(3) Refunds.— The Board may refund any fee paid by mistake or any amount paid in excess of that required.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103411, § 2, Oct. 25, 1994, 108 Stat. 4236; Pub. L. 104291, title I, § 105, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106424, § 13, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 108168, § 2, Dec. 6, 2003, 117 Stat. 2032; Pub. L. 109443, § 8(a), (b)(1), (c), Dec. 21, 2006, 120 Stat. 3300; Pub. L. 115254, div. C, § 1103, Oct. 5, 2018, 132 Stat. 3429; Pub. L. 11863, title XII, § 1202, May 16, 2024, 138 Stat. 1422.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1118(a)49 App.:1907(a) (1st6th, last sentences).Jan. 3, 1975, Pub. L. 93633, § 309(a), 88 Stat. 2173; Oct. 11, 1976, Pub. L. 94481, 90 Stat. 2080; Sept. 11, 1978, Pub. L. 95363, § 2, 92 Stat. 597; Nov. 3, 1981, Pub. L. 9774, § 2, 95 Stat. 1065; June 6, 1983, Pub. L. 9837, 97 Stat. 204; July 19, 1988, Pub. L. 100372, § 2, 102 Stat. 876; Nov. 28, 1990, Pub. L. 101641, § 2, 104 Stat. 4654. 1118(b)49 App.:1907(b) (1st, 2d sentences).Jan. 3, 1975, Pub. L. 93633, 88 Stat. 2156, § 309(b); added July 19, 1988, Pub. L. 100372, § 2(b), 102 Stat. 876. 1118(c)49 App.:1907(a) (7th sentence), (b) (last sentence). In subsection (a), the words “to the National Transportation Safety Board” are added for clarity and consistency in the revised title. References to the fiscal years ending June 30, 1975, through September 30, 1992, are omitted as obsolete. In subsection (b)(2), the words “amounts equal to amounts expended annually out of the fund” are substituted for “to replenish the fund annually” for clarity.
Editorial Notes
Amendments2024—Subsec. (a). Pub. L. 11863 amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations for fiscal years 2019 through 2022. 2018—Subsec. (a). Pub. L. 115254 amended subsec. (a) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated for the purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 for fiscal year 2001, $72,000,000 for fiscal year 2002, $73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, $87,539,000 for fiscal year 2006, $81,594,000 for fiscal year 2007, and $92,625,000 for fiscal year 2008. Such sums shall remain available until expended.” 2006—Subsec. (a). Pub. L. 109443, § 8(a), struck out “and” after “2005,” and substituted “2006, $81,594,000 for fiscal year 2007, and $92,625,000 for fiscal year 2008.” for “2006.” Subsec. (c). Pub. L. 109443, § 8(b)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to appropriations and fees for the National Transportation Safety Board Academy. Subsec. (d). Pub. L. 109443, § 8(c), struck out heading and text of subsec. (d). Text read as follows: “The National Transportation Safety Board shall transmit an annual report to the Congress on the activities and operations of the National Transportation Safety Board Academy.” 2003—Subsec. (a). Pub. L. 108168, § 2(a), struck out “and” after “fiscal year 2001,” and substituted “$73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, and $87,539,000 for fiscal year 2006. Such sums shall” for “such sums to”. Subsec. (b). Pub. L. 108168, § 2(b), added second sentence and struck out former second sentence which read as follows: “Amounts equal to the amounts expended annually out of the fund are authorized to be appropriated to the emergency fund.” Subsecs. (c), (d). Pub. L. 108168, § 2(c), added subsecs. (c) and (d). 2000—Pub. L. 106424 amended section catchline and text generally. Prior to amendment, text read as follows: “(a) In General.—There is authorized to be appropriated for the purposes of this chapter $37,580,000 for fiscal year 1994, $44,000,000 for fiscal year 1995, $45,100,000 for fiscal year 1996, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999. Such sums shall remain available until expended. “(b) Emergency Fund.—The Board has an emergency fund of $1,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. The following amounts may be appropriated to the fund: “(1) $1,000,000 to establish the fund. “(2) amounts equal to amounts expended annually out of the fund. “(c) Availability of Amounts.—Amounts appropriated under this section remain available until expended.” 1996—Subsec. (a). Pub. L. 104291 struck out “and” after “1995,” and inserted “, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999.” before period at end of first sentence. 1994—Subsec. (a). Pub. L. 103411 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Not more than $38,800,000 may be appropriated to the National Transportation Safety Board for the fiscal year ending September 30, 1993, to carry out this chapter.”
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentPub. L. 109443, § 8(b)(2), Dec. 21, 2006, 120 Stat. 3300, provided that: “The amendments made by paragraph (1) [amending this section] shall take effect on October 1, 2005.”
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# 49 U.S.C. § 1119 - Accident and safety data classification and publication
## Text
(a) In General.— Not later than 90 days after the date of the enactment of this section, the National Transportation Safety Board shall, in consultation and coordination with the Administrator of the Federal Aviation Administration, develop a system for classifying air carrier accident data maintained by the Board.
(b) Requirements for Classification System.— (1) In general.— The system developed under this section shall provide for the classification of accident and safety data in a manner that, in comparison to the system in effect on the date of the enactment of this section, provides for safety-related categories that provide clearer descriptions of accidents associated with air transportation, including a more refined classification of accidents which involve fatalities, injuries, or substantial damage and which are only related to the operation of an aircraft.
(2) Public comment.— In developing a system of classification under paragraph (1), the Board shall provide adequate opportunity for public review and comment.
(3) Final classification.— After providing for public review and comment, and after consulting with the Administrator, the Board shall issue final classifications. The Board shall ensure that air travel accident covered under this section is classified in accordance with the final classifications issued under this section for data for calendar year 1997, and for each subsequent calendar year.
(4) Publication.— The Board shall publish on a periodic basis accident and safety data in accordance with the final classifications issued under paragraph (3).
(5) Recommendations of the administrator.— The Administrator may, from time to time, request the Board to consider revisions (including additions to the classification system developed under this section). The Board shall respond to any request made by the Administrator under this section not later than 90 days after receiving that request.
(c) Appeals.— (1) Notification of rights.— In any case in which an employee of the Board determines that an occurrence associated with the operation of an aircraft constitutes an accident, the employee shall notify the owner or operator of that aircraft of the right to appeal that determination to the Board.
(2) Procedure.— The Board shall establish and publish the procedures for appeals under this subsection.
(3) Limitation on applicability.— This subsection shall not apply in the case of an accident that results in a loss of life.
(Added Pub. L. 104264, title IV, § 407(a)(1), Oct. 9, 1996, 110 Stat. 3257; amended Pub. L. 108168, § 5, Dec. 6, 2003, 117 Stat. 2034.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsecs. (a) and (b)(1), is the date of enactment of Pub. L. 104264, which was approved Oct. 9, 1996.
Amendments2003—Subsec. (c). Pub. L. 108168 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective DateExcept as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Multimodal Accident Database Management SystemPub. L. 115254, div. C, § 1108, Oct. 5, 2018, 132 Stat. 3433, provided that: “(a) Establishment.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the [National Transportation Safety] Board shall establish and maintain a multimodal accident database management system for Board investigators. “(b) Purposes.—The purposes of the system shall be to support the Board in improving—“(1) the quality of accident data the Board makes available to the public; and “(2) the selection of accidents for investigation and allocation of limited resources. “(c) Requirements.—The system shall—“(1) maintain a historical record of accidents that are investigated by the Board; and “(2) be capable of the secure storage, retrieval, and management of information associated with the investigations of such accidents.”
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# 49 U.S.C. § 1131 - General authority
## Text
(a) General.— (1) The National Transportation Safety Board shall investigate or have investigated (in detail the Board prescribes) and establish the facts, circumstances, and cause or probable cause of—
(A) an aircraft accident the Board has authority to investigate under section 1132 of this title or an aircraft accident involving a public aircraft as defined by section 40102(a) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States;
(B) a highway accident, including a railroad grade crossing accident, the Board selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency;
(C) a railroad—
(i) accident in which there is a fatality or substantial property damage, except—
(I) a grade crossing accident or incident, unless selected by the Board; or
(II) an accident or incident involving a trespasser, unless selected by the Board; or
(ii) accident or incident that involves a passenger train, except in any case in which such accident or incident resulted in no fatalities or serious injuries to the passengers or crewmembers of such train, and—
(I) was a grade crossing accident or incident, unless selected by the Board; or
(II) such accident or incident involved a trespasser, unless selected by the Board;
(D) a pipeline accident in which there is a fatality, substantial property damage, or significant injury to the environment;
(E) a major marine casualty (except a casualty involving only public vessels) occurring on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988, or involving a vessel of the United States (as defined in section 116 of title 46), under regulations prescribed jointly by the Board and the head of the department in which the Coast Guard is operating; and
(F) any other accident related to the transportation of individuals or property when the Board decides—
(i) the accident is catastrophic;
(ii) the accident involves problems of a recurring character; or
(iii) the investigation of the accident would carry out this chapter.
(2) (A) Subject to the requirements of this paragraph, an investigation by the Board under paragraph (1)(A)(D) or (F) of this subsection has priority over any investigation by another department, agency, or instrumentality of the United States Government. The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in the investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about the probable cause of the accident.
(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section.
(C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.
(3) This section and sections 1113, 1116(b), 1133, and 1134(a) and (c)(e) of this title do not affect the authority of another department, agency, or instrumentality of the Government to investigate an accident under applicable law or to obtain information directly from the parties involved in, and witnesses to, the accident. The Board and other departments, agencies, and instrumentalities shall ensure that appropriate information developed about the accident is exchanged in a timely manner.
(b) Accidents Involving Public Vessels.— (1) The Board or the head of the department in which the Coast Guard is operating shall investigate and establish the facts, circumstances, and cause or probable cause of a marine accident involving a public vessel and any other vessel. The results of the investigation shall be made available to the public.
(2) Paragraph (1) of this subsection and subsection (a)(1)(E) of this section do not affect the responsibility, under another law of the United States, of the head of the department in which the Coast Guard is operating.
(c) Accidents Not Involving Government Misfeasance or Nonfeasance.— (1) When asked by the Board, the Secretary of Transportation or the Secretary of the department in which the Coast Guard is operating may—
(A) investigate an accident described under subsection (a) or (b) of this section in which misfeasance or nonfeasance by the Government has not been alleged; and
(B) report the facts and circumstances of the accident to the Board.
(2) The Board shall use the report in establishing cause or probable cause of an accident described under subsection (a) or (b) of this section.
(d) Accidents Involving Public Aircraft.— The Board, in furtherance of its investigative duties with respect to public aircraft accidents under subsection (a)(1)(A) of this section, shall have the same duties and powers as are specified for civil aircraft accidents under sections 1132(a), 1132(b), and 1134(a), (b), (d), and (f) of this title.
(e) Accident Reports.— The Board shall report on the facts and circumstances of each accident investigated by it under subsection (a) or (b) of this section. The Board shall make each report available to the public—
(1) in electronic form at no cost in a publicly accessible database on a website of the Board; and
(2) if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.
(f) Timeliness of Reports.— If any accident report under subsection (e) is not completed within 2 years from the date of the accident, the Board shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report identifying such accident report and the reasons for which such report has not been completed. The Board shall report progress toward completion of the accident report to each such Committees every 90 days thereafter, until such time as the accident report is completed.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103411, § 3(c), Oct. 25, 1994, 108 Stat. 4237; Pub. L. 106424, §§ 6(a), 7, Nov. 1, 2000, 114 Stat. 1885, 1886; Pub. L. 108168, § 7, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109443, § 9(b), (c), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 115254, div. C, § 1113(b), Oct. 5, 2018, 132 Stat. 3438; Pub. L. 117263, div. K, title CXVI, § 11601(c)(3), Dec. 23, 2022, 136 Stat. 4146; Pub. L. 11863, title XII, §§ 12101212, May 16, 2024, 138 Stat. 1425, 1426.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131(a)(1)49 App.:1903(a) (1)(A)(E) (less last sentence of (E)), (F).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1)(A)(F), 88 Stat. 2168; Oct. 24, 1992, Pub. L. 102508, § 303, 106 Stat. 3307. 1131(a)(2)49 App.:1903(a)(1) (2d, 3d sentences).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1) (less (A)(F)), 88 Stat. 2168; Nov. 3, 1981, Pub. L. 9774, § 3, 95 Stat. 1065. 1131(a)(3)49 App.:1903(a)(1) (4th, 5th sentences). 1131(b)49 App.:1903(a)(1)(E) (last sentence). 1131(c)49 App.:1441(f).Aug. 23, 1958, Pub. L. 85726, § 701(a)(4), (f), 72 Stat. 781. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A) (6th, last sentences). 1131(d)49 App.:1441(a)(4). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 49 App.:1903(a)(2).Jan. 3, 1975, Pub. L. 93633, § 304(a)(2), 88 Stat. 2168; July 19, 1988, Pub. L. 100372, § 3(a), 102 Stat. 876. In this section, the word “conditions” is omitted as being included in “circumstances”. The words “head of the department in which the Coast Guard is operating” are substituted for “Secretary of the department in which the Coast Guard is operating” for consistency in the revised title and with other titles of the United States Code. In subsection (a)(1)(A), the words “the Board has authority to investigate under section 1132 of this title” are substituted for “which is within the scope of the functions, powers, and duties transferred from the Civil Aeronautics Board under section 1655(d) of this Appendix pursuant to title VII of the Federal Aviation Act of 1958, as amended [49 App. U.S.C. 1441 et seq.]” because of the restatement. In subsection (a)(1)(F), before subclause (i), the word “decides” is substituted for “in the judgment of” for clarity. The word “individuals” is substituted for “people” for consistency in the revised title. In subclause (iii), the words “the investigation of” are added as being more precise. In subsection (a)(3), the word “developed” is substituted for “obtained or developed” to eliminate unnecessary words. In subsection (b)(2), the word “affect” is substituted for “eliminate or diminish” for clarity. In subsection (c), the text of 49 App.:1441(f) is omitted as superseded by 49 App.:1903(a)(1) (6th, last sentences). In subsection (d), the words “in writing” in 49 App.:1903(a)(2) are omitted as surplus. The words “by it” are added for clarity. The text of 49 App.:1441(a)(4) is omitted as superseded by 49 App.:1903(a)(1)(A) and (2).
Editorial Notes
References in TextPresidential Proclamation No. 5928, referred to in subsec. (a)(1)(E), is set out as a note under section 1331 of Title 43, Public Lands.
Amendments2024—Subsec. (a)(1)(B). Pub. L. 11863, § 1210(a), substituted “selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency” for “selects in cooperation with a State”. Subsec. (a)(1)(C). Pub. L. 11863, § 1210(b), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “a railroad accident in which there is a fatality or substantial property damage, or that involves a passenger train;”. Subsec. (e). Pub. L. 11863, § 1211, substituted “public—” and pars. (1) and (2) for “public at reasonable cost.” Subsec. (f). Pub. L. 11863, § 1212, added subsec. (f). 2022—Subsec. (a)(1)(E). Pub. L. 117263 substituted “section 116” for “section 2101(46)”. 2018—Subsec. (a)(1)(A). Pub. L. 115254 substituted “a public aircraft as defined by section 40102(a) of this title” for “a public aircraft as defined by section 40102(a)(37) of this title”. 2006—Subsec. (a)(1)(E). Pub. L. 109443, § 9(b), substituted “on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988,” for “on the navigable waters or territorial sea of the United States,” and inserted “(as defined in section 2101(46) of title 46)” after “vessel of the United States”. Subsec. (c)(1). Pub. L. 109443, § 9(c), inserted “or the Secretary of the department in which the Coast Guard is operating” after “Transportation” in introductory provisions. 2003—Subsec. (a)(2)(B), (C). Pub. L. 108168 realigned margins. 2000—Subsec. (a)(2). Pub. L. 106424, § 6(a), designated existing provisions as subpar. (A), substituted “Subject to the requirements of this paragraph, an investigation” for “An investigation”, and added subpars. (B) and (C). Subsec. (d). Pub. L. 106424, § 7, substituted “1134(a), (b), (d), and (f)” for “1134(b)(2)”. 1994—Subsec. (a)(1)(A). Pub. L. 103411, § 3(c)(1), inserted before semicolon at end “or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States”. Subsecs. (d), (e). Pub. L. 103411, § 3(c)(2), added subsec. (d) and redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentPub. L. 103411, § 3(d), Oct. 25, 1994, 108 Stat. 4237, provided that: “The amendments made by subsections (a) and (c) [amending this section and section 40102 of this title] shall take effect on the 180th day following the date of the enactment of this Act [Oct. 25, 1994].”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Air Safety InvestigatorsPub. L. 11863, title XII, § 1222, May 16, 2024, 138 Stat. 1432, provided that: “(a) Removal of FAA [Federal Aviation Administration] Medical Certificate Requirement.—Not later than 60 days after the date of enactment of this Act [May 16, 2024], the Director of the Office of Personnel Management, in consultation with the Administrator [of the Federal Aviation Administration] and the Chairman of the National Transportation Safety Board, shall take such actions as may be necessary to revise the eligibility requirements for the Air Safety Investigating Series 1815 occupational series (and any similar occupational series relating to transportation accident investigating) to remove any requirement that an individual hold a current medical certificate issued by the Administrator. “(b) Updates to Other Requirements.—“(1) In general.—Not later than 2 years after the date of enactment of this Act, the Director, in coordination with the Administrator and Chairman, shall take such actions as may be necessary to update and revise experiential, educational, and other eligibility requirements for the Air Safety Investigating Series 1815 occupational series (and any similar occupational series relating to transportation accident investigating). “(2) Considerations.—In updating the requirements under paragraph (1), the Director shall consider—“(A) the direct relationship between any requirement and the duties expected to be performed by the position; “(B) changes in the skills and tools necessary to perform transportation accident investigations; and “(C) such other considerations as the Director, Administrator, or Chairman determines appropriate.”
Revision of 1977 AgreementPub. L. 108168, § 3(b), Dec. 6, 2003, 117 Stat. 2033, provided that: “Not later than 1 year after the date of enactment of this Act [Dec. 6, 2003], the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this section [amending section 1136 of this title] and shall submit a copy of the revised agreement to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.” Pub. L. 106424, § 6(b), Nov. 1, 2000, 114 Stat. 1886, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act [see Short Title of 2000 Amendment note set out under section 1101 of this title].”
Memorandum of UnderstandingPub. L. 106424, § 8, Nov. 1, 2000, 114 Stat. 1886, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Understanding governing major marine accidents— “(1) to redefine or clarify the standards used to determine when the National Transportation Safety Board will lead an investigation; and “(2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions.”
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# 49 U.S.C. § 1132 - Civil aircraft accident investigations
## Text
(a) General Authority.— (1) The National Transportation Safety Board shall investigate—
(A) each accident involving civil aircraft; and
(B) with the participation of appropriate military authorities, each accident involving both military and civil aircraft.
(2) A person employed under section 1113(b)(1) of this title that is conducting an investigation or hearing about an aircraft accident has the same authority to conduct the investigation or hearing as the Board.
(b) Notification and Reporting.— The Board shall prescribe regulations governing the notification and reporting of accidents involving civil aircraft.
(c) Participation of Secretary.— The Board shall provide for the participation of the Secretary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary to carry out the duties and powers of the Secretary. However, the Secretary may not participate in establishing probable cause.
(d) Accidents Involving Only Military Aircraft.— If an accident involves only military aircraft and a duty of the Secretary is or may be involved, the military authorities shall provide for the participation of the Secretary. In any other accident involving only military aircraft, the military authorities shall give the Board or Secretary information the military authorities decide would contribute to the promotion of air safety.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 753.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1132(a)(1)49 App.:1441(a)(2).Aug. 23, 1958, Pub. L. 85726, §§ 701(a)(1), (2), (c) (1st sentence), (g), 702, 72 Stat. 781, 782. 49 App.:1442(a). 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1)(A), 88 Stat. 2168. 1132(a)(2)49 App.:1441(c) (1st sentence). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1132(b)49 App.:1441(a)(1). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1132(c)49 App.:1441(g). 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1132(d)49 App.:1442(b), (c). 49 App.:1655(c)(1), (d) (1st sentence). 49 App.:1903(a)(1)(A). In subsection (a)(1)(A), the words “and report the facts, conditions, and circumstances related to each accident and the probable cause thereof” in 49 App.:1441(a)(2) are omitted as unnecessary because of section 1131(d) of the revised title. In subsection (a)(1)(B), the words “provide for” in 49 App.:1442(a) are omitted as surplus. In subsection (a)(2), the words “any member of the National Transportation Safety Board or any officer or employee of the National Transportation Safety Board” in 49 App.:1441(c) are omitted as unnecessary because of sections 1113 and 1134 of the revised title. In subsections (c) and (d), the words “Secretary of Transportation” and “Secretary” are substituted for “Administrator” in sections 701(g) and 702(b) and (c) of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 782) for consistency. Section 6(c)(1) of the Department of Transportation Act (Public Law 89670, 80 Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the Secretary of Transportation. However, the Secretary was to carry out certain provisions through the Administrator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g). In subsection (c), the words “and his representatives” in 49 App.:1441(g) are omitted because of 49:322(b). The words “when participation is necessary to carry out the duties and powers” are substituted for “In order to assure the proper discharge . . . of his duties and responsibilities” to eliminate unnecessary words. The words “or his representatives” are omitted because of 49:322(b).
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# 49 U.S.C. § 1133 - Review of other agency action
## Text
The National Transportation Safety Board shall review on appeal—
(1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;
(2) the revocation of a certificate of registration under section 44106 of this title;
(3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and
(4) under section 46301(d)(5) of this title, an order imposing a penalty under section 46301.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 754.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1133(1)(3)49 App.:1903(a)(9).Jan. 3, 1975, Pub. L. 93633, § 304(a)(9), 88 Stat. 2169; Oct. 19, 1984, Pub. L. 98499, § 4(b), 98 Stat. 2315. 1133(4)(no source). In clause (1), the word “certificate” is substituted for “operating certificate” for consistency in the revised title. The words “or license” are omitted as unnecessary because only certificates are issued under the sections cited in this section. In clause (3), the words “head of the department in which the Coast Guard is operating” are substituted for “Commandant of the Coast Guard” for consistency with 14:5 and 46:2101(34). Clause (4) is added to reflect all the appellate responsibilities of the National Transportation Safety Board.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 49 U.S.C. § 1134 - Inspections and autopsies
## Text
(a) Entry and Inspection.— An officer or employee of the National Transportation Safety Board—
(1) on display of appropriate credentials and written notice of inspection authority, may enter property where a transportation accident has occurred or wreckage from the accident is located and do anything necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record, including an electronic record, process, control, or facility related to an accident investigation under this chapter.
(b) Inspection, Testing, Preservation, and Moving of Aircraft and Parts.— (1) In investigating an aircraft accident under this chapter, the Board may inspect and test, to the extent necessary, any civil aircraft, aircraft engine, propeller, appliance, or property on an aircraft involved in an accident in air commerce.
(2) Any civil aircraft, aircraft engine, propeller, appliance, or property on an aircraft involved in an accident in air commerce shall be preserved, and may be moved, only as provided by regulations of the Board.
(c) Avoiding Unnecessary Interference and Preserving Evidence.— In carrying out subsection (a)(1) of this section, an officer or employee may examine or test any vehicle, vessel, rolling stock, track, or pipeline component. The examination or test shall be conducted in a way that—
(1) does not interfere unnecessarily with transportation services provided by the owner or operator of the vehicle, vessel, rolling stock, track, or pipeline component; and
(2) to the maximum extent feasible, preserves evidence related to the accident, consistent with the needs of the investigation and with the cooperation of that owner or operator.
(d) Exclusive Authority of Board.— Only the Board has the authority to decide on the way in which testing under this section will be conducted, including decisions on the person that will conduct the test, the type of test that will be conducted, and any individual who will witness the test. Those decisions are committed to the discretion of the Board. The Board shall make any of those decisions based on the needs of the investigation being conducted and, when applicable, subsections (a), (c), and (e) of this section.
(e) Promptness of Tests and Availability of Results.— An inspection, examination, or test under subsection (a) or (c) of this section shall be started and completed promptly, and the results shall be made available.
(f) Autopsies.— (1) The Board may order an autopsy to be performed and have other tests made when necessary to investigate an accident under this chapter. However, local law protecting religious beliefs related to autopsies shall be observed to the extent consistent with the needs of the accident investigation.
(2) With or without reimbursement, the Board may obtain a copy of an autopsy report performed by a State or local official on an individual who died because of a transportation accident investigated by the Board under this chapter.
(g) Recorders and Data.— In investigating an accident under this chapter, the Board may require from a transportation operator or equipment manufacturer or the vendors, suppliers, subsidiaries, or parent companies of such manufacturer, or operator of a product or service which is subject to an investigation by the Board—
(1) any recorder or recorded information pertinent to the accident;
(2) without undue delay, information the Board determines necessary to enable the Board to read and interpret any recording device or recorded information pertinent to the accident; and
(3) design specifications or data related to the operation and performance of the equipment the Board determines necessary to enable the Board to perform independent physics-based simulations and analyses of the accident situation.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 754; Pub. L. 115254, div. C, § 1105, Oct. 5, 2018, 132 Stat. 3431; Pub. L. 11863, title XII, § 1213, May 16, 2024, 138 Stat. 1426.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1134(a)49 App.:1903(b)(2) (1st sentence words before 3d comma, 3d sentence).Jan. 3, 1975, Pub. L. 93633, § 304(b)(2), 88 Stat. 2170; Nov. 3, 1981, Pub. L. 9774, § 5, 95 Stat. 1065; Nov. 28, 1990, Pub. L. 101641, § 3, 104 Stat. 4654. 1134(b)49 App.:1441(c) (2d sentence), (d).Aug. 23, 1958, Pub. L. 85726, § 701(c) (2d, last sentences), (d), 72 Stat. 781; Oct. 15, 1962, Pub. L. 87810, §§ 1, 2, 76 Stat. 921. 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1)(A), (b)(5), 88 Stat. 2168, 2170. 1134(c)49 App.:1903(b)(2) (1st sentence words after 3d comma, 2d sentence). 1134(d)49 App.:1903(b)(2) (5th, last sentences). 1134(e)49 App.:1903(b)(2) (4th sentence). 1134(f)49 App.:1441(c) (last sentence). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A), (b)(5). In subsection (a), before clause (1), the word “officer” is added for consistency in the revised title. In subsection (b)(1), the words “investigating an aircraft accident” are substituted for “carrying out its duties” in 49 App.:1441(c) for clarity. The words “inspect and test” are substituted for “examine and test” for consistency in the revised title and with other titles of the United States Code. In subsection (c), before clause (1), the words “In carrying out subsection (a)(1) of this section, an officer or employee” are added because of the restatement. The words “or any part of any such item” are omitted as surplus. The words “when such examination or testing is determined to be required for purposes of such investigation” are omitted as unnecessary because of the words “do anything necessary to conduct an investigation” in subsection (a)(1) of this section. In clause (1), the word “obstruct” is omitted as being included in “interfere”. In subsection (d), the word “individuals” is substituted for “persons” the 2d time that word is used for clarity. The words “The Board shall make any of those decisions” are substituted for “and shall be made” because of the restatement. In subsection (e), the word “promptly” is substituted for “with reasonable promptness” to eliminate unnecessary words. In subsection (f)(1), the words “In the case of any fatal accident” in 49 App.:1441(c) are omitted as surplus. The words “to examine the remains of any deceased person aboard the aircraft at the time of the accident, who dies as a result of the accident” are omitted as unnecessary because of the authority of the Board to conduct autopsies.
Editorial Notes
Amendments2024—Subsec. (g). Pub. L. 11863 added subsec. (g). 2018—Subsec. (a)(2). Pub. L. 115254 inserted “including an electronic record,” after “record,”.
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# 49 U.S.C. § 1135 - Secretary of Transportations responses to safety recommendations
## Text
(a) General.— When the National Transportation Safety Board submits a recommendation about transportation safety to the Secretary of Transportation, the Secretary shall give to the Board a formal written response to each recommendation not later than 90 days after receiving the recommendation. The response shall indicate whether the Secretary intends—
(1) to carry out procedures to adopt the complete recommendation;
(2) to carry out procedures to adopt a part of the recommendation; or
(3) to refuse to carry out procedures to adopt the recommendation.
(b) Timetable for Completing Procedures and Reasons for Refusals.— A response under subsection (a)(1) or (2) of this section shall include a copy of a proposed timetable for completing the procedures. A response under subsection (a)(2) of this section shall detail the reasons for the refusal to carry out procedures on the remainder of the recommendation. A response under subsection (a)(3) of this section shall detail the reasons for the refusal to carry out procedures.
(c) Public Availability.— The Board shall make a copy of each recommendation and response available to the public—
(1) in electronic form at no cost in a publicly accessible database on a website of the Board; and
(2) if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.
(d) Annual Report on Air Carrier Safety Recommendations.— (1) In general.— The Secretary shall submit to Congress and the Board, on an annual basis, a report on the recommendations made by the Board to the Secretary regarding air carrier operations conducted under part 121 of title 14, Code of Federal Regulations.
(2) Recommendations to be covered.— The report shall cover—
(A) any recommendation for which the Secretary has developed, or intends to develop, procedures to adopt the recommendation or part of the recommendation, but has yet to complete the procedures; and
(B) any recommendation for which the Secretary, in the preceding year, has issued a response under subsection (a)(2) or (a)(3) refusing to carry out all or part of the procedures to adopt the recommendation.
(3) Contents.— (A) Plans to adopt recommendations.— For each recommendation of the Board described in paragraph (2)(A), the report shall contain—
(i) a description of the recommendation;
(ii) a description of the procedures planned for adopting the recommendation or part of the recommendation;
(iii) the proposed date for completing the procedures; and
(iv) if the Secretary has not met a deadline contained in a proposed timeline developed in connection with the recommendation under subsection (b), an explanation for not meeting the deadline.
(B) Refusals to adopt recommendations.— For each recommendation of the Board described in paragraph (2)(B), the report shall contain—
(i) a description of the recommendation; and
(ii) a description of the reasons for the refusal to carry out all or part of the procedures to adopt the recommendation.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 755; Pub. L. 108168, § 6, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109443, § 2(b), Dec. 21, 2006, 120 Stat. 3298; Pub. L. 111216, title II, § 202, Aug. 1, 2010, 124 Stat. 2351; Pub. L. 111249, § 6(1), (2), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 11863, title XII, §§ 1214, 1220(a), May 16, 2024, 138 Stat. 1426, 1432.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1135(a), (b)49 App.:1906(a) (less last sentence).Jan. 3, 1975, Pub. L. 93633, § 307(a), 88 Stat. 2172; Nov. 3, 1981, Pub. L. 9774, § 6, 95 Stat. 1066; July 19, 1988, Pub. L. 100372, § 3(b), 102 Stat. 876. 1135(c)49 App.:1906(a) (last sentence). 1135(d)49 App.:1906(b).Jan. 3, 1975, Pub. L. 93633, 88 Stat. 2156, § 307(b); added Nov. 3, 1981, Pub. L. 9774, § 6, 95 Stat. 1066. In subsections (a) and (b), the words “carry out” are substituted for “initiate and conduct” for consistency in the revised title and with other titles of the United States Code. In subsection (a)(1), the word “complete” is substituted for “in full” for consistency in the revised title.
Editorial Notes
Amendments2024—Subsec. (c). Pub. L. 11863, § 1214, substituted “public—” and pars. (1) and (2) for “public at reasonable cost.” Subsec. (e). Pub. L. 11863, § 1220(a), struck out subsec. (e) which required the Secretary to annually submit regulatory status reports to Congress. 2010—Subsec. (a). Pub. L. 111216, § 202(a), as amended by Pub. L. 111249, § 6(1), inserted “to the Board” after “shall give” in introductory provisions. Subsecs. (d), (e). Pub. L. 111216, § 202(b), as amended by Pub. L. 111249, § 6(2), added subsec. (d) and redesignated former subsec. (d) as (e). 2006—Subsec. (d)(3). Pub. L. 109443 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “This subsection shall cease to be in effect after the report required to be filed on February 1, 2008, is filed.” 2003—Subsec. (d). Pub. L. 108168 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary shall submit to Congress on January 1 of each year a report containing each recommendation on transportation safety made by the Board to the Secretary during the prior year and a copy of the Secretarys response to each recommendation.”
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111249, § 6, Sept. 30, 2010, 124 Stat. 2628, provided that the amendments made by section 6 of Pub. L. 111249 are effective as of Aug. 1, 2010, and as if included in Pub. L. 111216 as enacted.
Reports on Certain Open Safety RecommendationsPub. L. 108168, § 9, Dec. 6, 2003, 117 Stat. 2035, provided that: “(a) Initial Report.—Within 1 year after the date of enactment of this Act [Dec. 6, 2003], the Secretary of Transportation shall submit a report to Congress and the National Transportation Safety Board containing the regulatory status of each open safety recommendation made by the Board to the Secretary concerning—“(1) 15-passenger van safety; “(2) railroad grade crossing safety; and “(3) medical certifications for a commercial drivers license. “(b) Biennial Updates.—The Secretary shall continue to report on the regulatory status of each such recommendation (and any subsequent recommendation made by the Board to the Secretary concerning a matter described in paragraph (1), (2), or (3) of subsection (a)) at 2-year intervals until—“(1) final regulatory action has been taken on the recommendation; “(2) the Secretary determines, and states in the report, that no action should be taken on that recommendation; or “(3) the report, if any, required to be submitted in 2008 is submitted. “(c) Failure To Report.—If the Board has not received a report required to be submitted under subsection (a) or (b) within 30 days after the date on which that report is required to be submitted, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
NTSB Safety RecommendationsPub. L. 107355, § 19, Dec. 17, 2002, 116 Stat. 3009, as amended by Pub. L. 108426, § 2(c)(3), Nov. 30, 2004, 118 Stat. 2424, provided that: “(a) In General.—The Secretary of Transportation, the Administrator of Pipeline and Hazardous Materials Safety Administration, and the Director of the Office of Pipeline Safety shall fully comply with section 1135 of title 49, United States Code, to ensure timely responsiveness to National Transportation Safety Board recommendations about pipeline safety. “(b) Public Availability.—The Secretary, Administrator, or Director, respectively, shall make a copy of each recommendation on pipeline safety and response, as described in subsections (a) and (b) of section 1135, title 49, United States Code. “(c) Reports to Congress.—The Secretary, Administrator, or Director, respectively, shall submit to Congress by January 1 of each year a report containing each recommendation on pipeline safety made by the Board during the prior year and a copy of the response to each such recommendation.”
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# 49 U.S.C. § 1136 - Assistance to passengers involved in aircraft accidents and families of such passengers
## Text
(a) In General.— As soon as practicable after being notified of an aircraft accident within United States airspace or airspace delegated to the United States involving an air carrier or foreign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency, the Chairman of the Board shall—
(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and
(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers.
(b) Responsibilities of the Board.— The Board shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an accident described in subsection (a).
(c) Responsibilities of Designated Organization.— The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to passengers involved in the accident and the families of such passengers:
(1) To provide emotional care, psychological care, and family support services, in coordination with the disaster response team of the air carrier or foreign air carrier involved.
(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.
(3) To meet with passengers involved in the accident and the families of such passengers who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all passengers and affected families regularly thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
(4) To communicate with the passengers and families as to the roles of the organization, government agencies, and the air carrier or foreign air carrier involved with respect to the accident and the post-accident activities.
(5) To arrange a suitable memorial service, in consultation with the families.
(d) Passenger Lists.— (1) Requests for passenger lists by the director of family services.— (A) Requests by director of family support services.— It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the air carrier or foreign air carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
(B) Use of information.— The director of family support services may not release to any person information on a list obtained under subparagraph (A), except that the director may, to the extent the director considers appropriate, provide information on the list about a passenger to—
(i) the family of the passenger; or
(ii) a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
(C) Limitation.— A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services.
(D) Rule of construction.— Nothing in subparagraph (C) shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B).
(2) Requests for passenger lists by designated organization.— (A) Requests by designated organization.— The organization designated for an accident under subsection (a)(2) may request from the air carrier or foreign air carrier involved in the accident a passenger list.
(B) Use of information.— The designated organization may not release to any person information on a passenger list but may provide information on the list about a passenger to the family of the passenger to the extent the organization considers appropriate.
(e) Continuing Responsibilities of the Board.— In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident—
(1) are briefed, prior to any public briefing, about the accident, its causes, and any other findings from the investigation; and
(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
(f) Use of Air Carrier Resources.— To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the air carrier or foreign air carrier involved in the accident so that the resources of the carrier can be used to the greatest extent possible to carry out the organizations responsibilities under this section.
(g) Prohibited Actions.— (1) Actions to impede the board.— No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of passengers involved in the accident and the families of such passengers to have contact with one another.
(2) Unsolicited communications.— In the event of an accident involving an air carrier providing interstate or foreign air transportation and in the event of an accident involving a foreign air carrier that occurs within the United States, no unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.
(3) Prohibition on actions to prevent certain care and support services.— No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing emotional care, psychological care, and family support services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the passengers and families and if State and local authorities are notified of the determination.
(h) Definitions.— In this section, the following definitions apply:
(1) Aircraft accident.— The term “aircraft accident” means any aviation disaster, regardless of its cause or suspected cause, for which the Board is the lead investigative agency.
(2) Passenger.— The term “passenger” includes—
(A) an employee of an air carrier or foreign air carrier aboard an aircraft;
(B) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight; and
(C) any other person injured or killed in the aircraft accident, as determined appropriate by the Board.
(3) Passenger list.— The term “passenger list” means a list based on the best available information at the time of a request, of the name of each passenger aboard the aircraft involved in the accident.
(i) Statutory Construction.— Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to passengers involved in the aircraft accident and the families of such passengers.
(j) Relinquishment of Investigative Priority.— (1) General rule.— This section (other than subsection (g)) shall not apply to an aircraft accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident.
(2) Board assistance.— If this section does not apply to an aircraft accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.
(Added Pub. L. 104264, title VII, § 702(a)(1), Oct. 9, 1996, 110 Stat. 3265; amended Pub. L. 106181, title IV, § 401(a)(1), (b)(d), Apr. 5, 2000, 114 Stat. 129; Pub. L. 108168, § 3(a), Dec. 6, 2003, 117 Stat. 2033; Pub. L. 115254, div. C, § 1109(c), Oct. 5, 2018, 132 Stat. 3434; Pub. L. 11863, title XII, § 1215(a), May 16, 2024, 138 Stat. 1427.)
## Notes
Editorial Notes
Amendments2024—Pub. L. 11863, § 1215(a)(1), substituted “to passengers involved in aircraft accidents and families of such passengers” for “to families of passengers involved in aircraft accidents” in section catchline. Subsec. (a). Pub. L. 11863, § 1215(a)(2)(A), (B), in introductory provisions, inserted “within United States airspace or airspace delegated to the United States” after “aircraft accident” and substituted “Board shall” for “National Transportation Safety Board shall”. Subsec. (a)(2). Pub. L. 11863, § 1215(a)(2)(C), substituted “emotional care, psychological care, and family support services” for “emotional care and support” and “passengers involved in the accident and the families of such passengers” for “the families of passengers involved in the accident”. Subsec. (c). Pub. L. 11863, § 1215(a)(3)(A), substituted “passengers involved in the accident and the families of such passengers” for “the families of passengers involved in the accident” in introductory provisions. Subsec. (c)(1). Pub. L. 11863, § 1215(a)(3)(B), substituted “emotional care, psychological care, and family support services” for “mental health and counseling services”. Subsec. (c)(3). Pub. L. 11863, § 1215(a)(3)(C), substituted “passengers involved in the accident and the families of such passengers who have traveled to the location of the accident” for “the families who have traveled to the location of the accident” and “regularly” for “periodically” and inserted “passengers and” after “contact all”. Subsec. (c)(4). Pub. L. 11863, § 1215(a)(3)(D), inserted “passengers and” before “families”. Subsec. (d). Pub. L. 11863, § 1215(a)(4), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to requests for passenger lists and use of such information. Subsec. (g)(1). Pub. L. 11863, § 1215(a)(5), substituted “passengers involved in the accident and the families of such passengers” for “the families of passengers involved in the accident”. Subsec. (g)(3). Pub. L. 11863, § 1215(a)(6), in heading, substituted “prevent certain care and support” for “prevent mental health and counseling” and, in text, substituted “providing emotional care, psychological care, and family support services” for “providing mental health and counseling services” and inserted “passengers and” before “families”. Subsec. (h)(1). Pub. L. 11863, § 1215(a)(7)(A), struck out “National Transportation Safety” before “Board”. Subsec. (h)(3). Pub. L. 11863, § 1215(a)(7)(B), added par. (3). Subsec. (i). Pub. L. 11863, § 1215(a)(8), substituted “passengers involved in the aircraft accident and the families of such passengers” for “the families of passengers involved in an aircraft accident”. 2018—Subsec. (a). Pub. L. 115254, § 1109(c)(1), in introductory provisions, substituted “aircraft accident involving an air carrier or foreign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency” for “aircraft accident within the United States involving an air carrier or foreign air carrier and resulting in a major loss of life”. Subsec. (h)(1). Pub. L. 115254, § 1109(c)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “The term aircraft accident means any aviation disaster regardless of its cause or suspected cause.” Subsec. (h)(2)(C). Pub. L. 115254, § 1109(c)(2)(B), added subpar. (C). 2003—Subsec. (j). Pub. L. 108168 added subsec. (j). 2000—Subsec. (g)(2). Pub. L. 106181, § 401(a)(1), substituted “transportation and in the event of an accident involving a foreign air carrier that occurs within the United States,” for “transportation,”, inserted “(including any associate, agent, employee, or other representative of an attorney)” after “attorney”, and substituted “45th day” for “30th day”. Subsec. (g)(3). Pub. L. 106181, § 401(b), added par. (3). Subsec. (h)(2). Pub. L. 106181, § 401(c), amended heading and text generally. Prior to amendment, text read as follows: “The term passenger includes an employee of an air carrier aboard an aircraft.” Subsec. (i). Pub. L. 106181, § 401(d), added subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of this title.
Effective DateExcept as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
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# 49 U.S.C. § 1137 - Authority of the Inspector General
## Text
(a) In General.— The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations.
(b) Duties.— In carrying out this section, the Inspector General shall—
(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;
(2) issue findings and recommendations for actions to address such problems; and
(3) report periodically to Congress on any progress made in implementing actions to address such problems.
(c) Access to Information.— In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (c) of section 406 of title 5.
(d) Authorizations of Appropriations.— (1) Funding.— There are authorized to be appropriated to the Secretary of Transportation for use by the Inspector General of the Department of Transportation such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section.
(2) Reimbursable agreement.— In the absence of an appropriation under this subsection for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursable agreement to cover such expense.
(Added Pub. L. 106424, § 12(a), Nov. 1, 2000, 114 Stat. 1887; amended Pub. L. 109443, § 4, Dec. 21, 2006, 120 Stat. 3299; Pub. L. 117286, § 4(b)(96), Dec. 27, 2022, 136 Stat. 4353.)
## Notes
Editorial Notes
Amendments2022—Subsec. (c). Pub. L. 117286 substituted “subsections (a) and (c) of section 406 of title 5.” for “subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).” 2006—Subsec. (d). Pub. L. 109443 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.”
@@ -0,0 +1,59 @@
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# 49 U.S.C. § 1138 - Evaluation and audit of National Transportation Safety Board
## Text
(a) In General.— To promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the National Transportation Safety Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the Board. Such evaluation and audit shall be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.
(b) Responsibility of Comptroller General.— The Comptroller General shall evaluate and audit Board programs, operations, and activities, including—
(1) information management and security, including privacy protection of personally identifiable information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices and policies;
(5) the process and procedures to select an accident to investigate;
(6) the extent to which the Board follows leading practices in selected management areas; and
(7) the extent to which the Board addresses management challenges in completing accident investigations.
(c) Appropriate Congressional Committees.— For purposes of this section the term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(Added Pub. L. 109443, § 5(a), Dec. 21, 2006, 120 Stat. 3299; amended Pub. L. 113188, title XV, § 1502, Nov. 26, 2014, 128 Stat. 2025; Pub. L. 115254, div. C, § 1110, Oct. 5, 2018, 132 Stat. 3435; Pub. L. 11863, title XII, § 1221(a), May 16, 2024, 138 Stat. 1432.)
## Notes
Editorial Notes
Amendments2024—Subsec. (a). Pub. L. 11863 substituted “expenditures of the” for “expenditures of the National Transportation Safety”. 2018—Subsec. (b)(5) to (7). Pub. L. 115254, § 1110(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Subsec. (c). Pub. L. 115254, § 1110(2), inserted comma after “Science”. 2014—Subsec. (a). Pub. L. 113188 struck out “at least annually, but may be conducted” after “Such evaluation and audit shall be conducted”.
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# 49 U.S.C. § 1139 - Assistance to passengers involved in rail passenger accidents and families of such passengers
## Text
(a) In General.— As soon as practicable after being notified of a rail passenger accident within the United States involving a rail passenger carrier and resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency, the Chairman of the Board shall—
(1) designate and publicize the name and telephone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and
(2) designate an independent nonprofit organization, with experience in disasters and post-trauma communication with families, which shall have primary responsibility for coordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers.
(b) Responsibilities of the Board.— The Board shall have primary Federal responsibility for—
(1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); and
(2) communicating with the families of passengers involved in the accident as to the roles, with respect to the accident and the post-accident activities, of—
(A) the organization designated for an accident under subsection (a)(2);
(B) Government agencies; and
(C) the rail passenger carrier involved.
(c) Responsibilities of Designated Organization.— The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to passengers involved in the accident and the families of such passengers:
(1) To provide emotional care, psychological care, and family support services, in coordination with the disaster response team of the rail passenger carrier involved.
(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.
(3) To meet with passengers involved in the accident and the families of such passengers who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all passengers and affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
(4) To arrange a suitable memorial service, in consultation with the passengers and families.
(d) Passenger Lists.— (1) Requests for passenger lists by the director of family services.— (A) Requests by director of family support services.— It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
(B) Use of information.— The director of family support services may not release to any person information on a list obtained under subparagraph (A), except that the director may, to the extent the director considers appropriate, provide information on the list about a passenger to—
(i) the family of the passenger; or
(ii) a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
(C) Limitation.— A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services.
(D) Rule of construction.— Nothing in subparagraph (C) shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B).
(2) Requests for passenger lists by designated organization.— (A) Requests by designated organization.— The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a passenger list.
(B) Use of information.— The designated organization may not release to any person information on a passenger list but may provide information on the list about a passenger to the family of the passenger to the extent the organization considers appropriate.
(e) Continuing Responsibilities of the Board.— In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident—
(1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; and
(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
(f) Use of Rail Passenger Carrier Resources.— To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the rail passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier.
(g) Prohibited Actions.— (1) Actions to impede the board.— No person (including a State or political subdivision thereof) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of passengers involved in the accident and the families of such passengers to have contact with one another.
(2) Unsolicited communications.— No unsolicited communication concerning a potential action or settlement offer for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation, including the railroad carrier or rail passenger carrier, to an individual (other than an employee of the rail passenger carrier) injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.
(3) Prohibition on actions to prevent certain care and support services.— No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing emotional care, psychological care, and family support services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the passengers and families and if State and local authorities are notified of the determination.
(h) Definitions.— In this section:
(1) Rail passenger accident.— The term “rail passenger accident” means any rail passenger disaster that—
(A) results in any loss of life;
(B) the Board will serve as the lead investigative agency for; and
(C) occurs in the provision of—
(i) interstate intercity rail passenger transportation (as such term is defined in section 24102); or
(ii) high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause.
(2) Rail passenger carrier.— The term “rail passenger carrier” means a rail carrier providing—
(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or
(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation,
except that such term does not include a tourist, historic, scenic, or excursion rail carrier.
(3) Passenger.— The term “passenger” includes—
(A) an employee of a rail passenger carrier aboard a train;
(B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the rail transportation; and
(C) any other person injured or killed in a rail passenger accident, as determined appropriate by the Board.
(4) Passenger list.— The term “passenger list” means a list based on the best available information at the time of the request, of the name of each passenger aboard the rail passenger carriers train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident.
(i) Limitation on Statutory Construction.— Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.
(j) Relinquishment of Investigative Priority.— (1) General rule.— This section (other than subsection (g)) shall not apply to a rail passenger accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident.
(2) Board assistance.— If this section does not apply to a rail passenger accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.
(k) Savings Clause.— Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of information regarding the nature of injuries sustained and the manner in which they were sustained for the purposes of determining compliance with existing laws and regulations or for identifying means of preventing similar injuries in the future, or both.
(Added Pub. L. 110432, div. A, title V, § 501(a), Oct. 16, 2008, 122 Stat. 4894; amended Pub. L. 11494, div. A, title XI, § 11316(a), Dec. 4, 2015, 129 Stat. 1676; Pub. L. 115254, div. C, § 1109(d), Oct. 5, 2018, 132 Stat. 3435; Pub. L. 11863, title XII, § 1215(c), May 16, 2024, 138 Stat. 1428.)
## Notes
Editorial Notes
Amendments2024—Pub. L. 11863, § 1215(c)(1), substituted “to passengers involved in rail passenger accidents and families of such passengers” for “to families of passengers involved in rail passenger accidents” in section catchline. Subsec. (a). Pub. L. 11863, § 1215(c)(2), substituted “Board shall” for “National Transportation Safety Board shall” in introductory provisions. Subsec. (a)(2). Pub. L. 11863, § 1215(c)(3), substituted “emotional care, psychological care, and family support services” for “emotional care and support” and “passengers involved in the accident and the families of such passengers” for “the families of passengers involved in the accident”. Subsec. (c). Pub. L. 11863, § 1215(c)(4)(A), substituted “passengers involved in the accident and the families of such passengers” for “the families of passengers involved in the accident” in introductory provisions. Subsec. (c)(1). Pub. L. 11863, § 1215(c)(4)(B), substituted “emotional care, psychological care, and family support services” for “mental health and counseling services”. Subsec. (c)(3). Pub. L. 11863, § 1215(c)(4)(C), substituted “passengers involved in the accident and the families of such passengers who have traveled to the location of the accident” for “the families who have traveled to the location of the accident” and inserted “passengers and” before “affected families”. Subsec. (c)(4). Pub. L. 11863, § 1215(c)(4)(D), inserted “passengers and” before “families”. Subsec. (d). Pub. L. 11863, § 1215(c)(5), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to requests for passenger lists and use of such information. Subsec. (g)(1). Pub. L. 11863, § 1215(c)(6)(A), substituted “passengers involved in the accident and the families of such passengers” for “the families of passengers involved in the accident”. Subsec. (g)(3). Pub. L. 11863, § 1215(c)(6)(B), in heading, substituted “prevent certain care and support” for “prevent mental health and counseling” and, in text, substituted “providing emotional care, psychological care, and family support services” for “providing mental health and counseling services” and inserted “passengers and” before “families”. Subsec. (h)(1)(B). Pub. L. 11863, § 1215(c)(7)(A), struck out “National Transportation Safety” before “Board ”. Subsec. (h)(4). Pub. L. 11863, § 1215(c)(7)(B), added par. (4). 2018—Subsec. (a). Pub. L. 115254, § 1109(d)(1), substituted “resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency” for “resulting in a major loss of life” in introductory provisions. Subsec. (h)(1). Pub. L. 115254, § 1109(d)(2), amended par. (1) generally. Prior to amendment, text read as follows: “The term rail passenger accident means any rail passenger disaster resulting in a major loss of life occurring in the provision of— “(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or “(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause.” 2015—Subsec. (a)(1). Pub. L. 11494, § 11316(a)(1), substituted “telephone number” for “phone number”. Subsec. (a)(2). Pub. L. 11494, § 11316(a)(2), substituted “post-trauma communication with families” for “post trauma communication with families”. Subsec. (j). Pub. L. 11494, § 11316(a)(3), substituted “rail passenger accident” for “railroad passenger accident” in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Establishment of Task ForcePub. L. 110432, div. A, title V, § 503, Oct. 16, 2008, 122 Stat. 4899, provided that: “(a) Establishment.—The Secretary [of Transportation], in cooperation with the National Transportation Safety Board, organizations potentially designated under section 1139(a)(2) of title 49, United States Code, rail passenger carriers (as defined in section 1139(h)(2) of title 49, United States Code), and families which have been involved in rail accidents, shall establish a task force consisting of representatives of such entities and families, representatives of rail passenger carrier employees, and representatives of such other entities as the Secretary considers appropriate. “(b) Model Plan and Recommendations.—The task force established pursuant to subsection (a) shall develop—“(1) a model plan to assist rail passenger carriers in responding to passenger rail accidents; “(2) recommendations on methods to improve the timeliness of the notification provided by passenger rail carriers to the families of passengers involved in a passenger rail accident; “(3) recommendations on methods to ensure that the families of passengers involved in a passenger rail accident who are not citizens of the United States receive appropriate assistance; and “(4) recommendations on methods to ensure that emergency services personnel have as immediate and accurate a count of the number of passengers onboard the train as possible. “(c) Report.—Not later than 1 year after the date of the enactment of this Act [Oct. 16, 2008], the Secretary shall transmit a report to the House of Representatives Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation containing the model plan and recommendations developed by the task force under subsection (b).”
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# 49 U.S.C. § 1140 - Information individuals 11 So in original. Probably should be preceded by “for”. involved in accidents and families of such individuals
## Text
In the course of an investigation of an accident described in section 1131(a)(1), except an aircraft accident described in section 1136 or a rail passenger accident described in section 1139, the Board may, to the maximum extent practicable, ensure that individuals involved in accidents and the families of such individuals, and other individuals the Board deems appropriate—
(1) are informed as to the roles, with respect to the accident and the post-accident activities, of the Board;
(2) are briefed, before any public briefing, about the accident, its causes, and any other findings from the investigation; and
(3) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
(Added Pub. L. 115254, div. C, § 1109(e)(1), Oct. 5, 2018, 132 Stat. 3435; amended Pub. L. 11863, title XII, § 1215(e), May 16, 2024, 138 Stat. 1430.)
## Notes
Editorial Notes
Amendments2024—Pub. L. 11863 substituted “individuals involved in accidents and families of such individuals” for “for families of individuals involved in accidents” in section catchline and “individuals involved in accidents and the families of such individuals” for “the families of individuals involved in the accident” in introductory provisions in text.
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# 49 U.S.C. § 1151 - Aviation enforcement
## Text
(a) Civil Actions by Board.— The National Transportation Safety Board may bring a civil action in a district court of the United States against a person to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections. An action under this subsection may be brought in the judicial district in which the person does business or the violation occurred.
(b) Civil Actions by Attorney General.— On request of the Board, the Attorney General may bring a civil action in an appropriate court—
(1) to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections; and
(2) to prosecute a person violating those sections or a regulation prescribed or order issued under any of those sections.
(c) Participation of Board.— On request of the Attorney General, the Board may participate in a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title.
(d) Notification to Congress.— If the Board or Attorney General carry out such civil actions described in subsection (a) or (b) of this section against an airman employed at the time of the accident or incident by an air carrier operating under part 121 of title 14, Code of Federal Regulations, the Board shall immediately notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such civil actions, including—
(1) the labor union representing the airman involved, if applicable;
(2) the air carrier at which the airman is employed;
(3) the docket information of the incident or accident in which the airman was involved;
(4) the date of such civil actions taken by the Board or Attorney General; and
(5) a description of why such civil actions were taken by the Board or Attorney General.
(e) Subsequent Notification to Congress.— Not later than 15 days after the notification described in subsection (d), the Board shall submit a report to or brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the status of compliance with the civil actions taken.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 756; Pub. L. 106181, title IV, § 401(a)(2), Apr. 5, 2000, 114 Stat. 129; Pub. L. 11863, title XII, § 1208(b), May 16, 2024, 138 Stat. 1424.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1151(a)49 App.:1487(a) (related to CAB).Aug. 23, 1958, Pub. L. 85726, §§ 1007 (related to CAB), 1008 (related to CAB), 72 Stat. 796. 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1)(A), 88 Stat. 2168. 1151(b)49 App.:1487(b) (related to CAB). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1151(c)49 App.:1488 (related to CAB). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). In this section, the words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “issued under this chapter” and “provisions of this chapter” because those sections restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board. In subsections (a) and (b), the word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as being included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the National Transportation Safety Board does not have authority to issue certificates or permits. In subsection (a), the words “their duly authorized agents” are omitted as surplus. The words “may bring a civil action” are substituted for “may apply” in 49 App.:1487(a) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “An action under this subsection may be brought in the judicial district in which” are substituted for “for any district wherein” for clarity. The text of 49 App.:1487(a) (words after semicolon) is omitted as unnecessary because of rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (b), before clause (1), the words “Attorney General” are substituted for “any district attorney of the United States” in 49 App.:1487(b) because of 28:509. The words “to whom the Board or Secretary of Transportation may apply” are omitted as surplus. The words “may bring a civil action” are substituted for “is authorized to institute . . . all necessary proceedings” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “under the direction of the Attorney General” are omitted as unnecessary because of 28:516. The text of 49 App.:1487(b) (words after last comma) is omitted as obsolete. In subsection (c), the words “civil action” are substituted for “proceeding in court” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
Editorial Notes
Amendments2024—Subsecs. (d), (e). Pub. L. 11863 added subsecs. (d) and (e). 2000—Pub. L. 106181 inserted “1136(g)(2),” before “or 1155(a)” in subsecs. (a), (b)(1), and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as a note under section 106 of this title.
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# 49 U.S.C. § 1152 - Joinder and intervention in aviation proceedings
## Text
A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title, or a regulation prescribed or order issued under any of those sections, may be joined as a party or permitted to intervene in the proceeding or civil action.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 756.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 115249 App.:1489.Aug. 23, 1958, Pub. L. 85726, § 1009, 72 Stat. 796. 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1)(A), 88 Stat. 2168. The words “civil action” are substituted for “proceedings . . . begun originally in any court of the United States” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “the provisions of this chapter” in 49 App.:1489 because 49 App.:1489 is taken from 49 App.:ch. 20 and the sections in quotations restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board. The remaining relevant provisions of 49 App.:ch. 20 are restated in part A of subtitle VII of the revised title, and provisions comparable to this section are included as section 46109 of the revised title. The word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the Board does not have authority to issue certificates or permits. The words “may be joined as a party or permitted to intervene” are substituted for “it shall be lawful to include as parties, or to permit the intervention of” for clarity. The text of 49 App.:1489 (words after semicolon) is omitted as surplus.
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# 49 U.S.C. § 1153 - Judicial review
## Text
(a) General.— The appropriate court of appeals of the United States or the United States Court of Appeals for the District of Columbia Circuit may review a final order of the National Transportation Safety Board under this chapter. A person disclosing a substantial interest in the order may apply for review by filing a petition not later than 60 days after the order of the Board is issued.
(b) Persons Seeking Judicial Review of Aviation Matters.— (1) A person disclosing a substantial interest in an order related to an aviation matter issued by the Board under this chapter may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60 days only if there was a reasonable ground for not filing within that 60-day period.
(2) When a petition is filed under paragraph (1) of this subsection, the clerk of the court immediately shall send a copy of the petition to the Board. The Board shall file with the court a record of the proceeding in which the order was issued.
(3) When the petition is sent to the Board, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Board to conduct further proceedings. After reasonable notice to the Board, the court may grant interim relief by staying the order or taking other appropriate action when cause for its action exists. Findings of fact by the Board, if supported by substantial evidence, are conclusive.
(4) In reviewing an order under this subsection, the court may consider an objection to an order of the Board only if the objection was made in the proceeding conducted by the Board or if there was a reasonable ground for not making the objection in the proceeding.
(5) A decision by a court under this subsection may be reviewed only by the Supreme Court under section 1254 of title 28.
(c) Administrator Seeking Judicial Review of Aviation Matters.— When the Administrator of the Federal Aviation Administration decides that an order of the Board under section 44703(d), 44709, or 46301(d)(5) of this title will have a significant adverse impact on carrying out this chapter related to an aviation matter, the Administrator may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(d) Commandant Seeking Judicial Review of Maritime Matters.— If the Commandant of the Coast Guard decides that an order of the Board issued pursuant to a review of a Coast Guard action under section 1133 of this title will have an adverse impact on maritime safety or security, the Commandant may obtain judicial review of the order under subsection (a). The Commandant, in the official capacity of the Commandant, shall be a party to the judicial review proceedings.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 756; Pub. L. 108293, title VI, § 622, Aug. 9, 2004, 118 Stat. 1063; Pub. L. 11295, title III, § 301(b), Feb. 14, 2012, 126 Stat. 56.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1153(a)49 App.:1655(d) (last sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d), 80 Stat. 938. 49 App.:1903(d).Jan. 3, 1975, Pub. L. 93633, § 304(d), 88 Stat. 2171. 1153(b)(1)49 App.:1486(a), (b) (as 1486(a), (b) relates to CAB).Aug. 23, 1958, Pub. L. 85726, § 1006(a), (b), (e), (f) (as § 1006(a), (b), (e), (f) relates to CAB), 72 Stat. 795. 49 App.:1655(d) (1st sentence). 1153(b)(2)49 App.:1486(c) (related to CAB).Aug. 23, 1958, Pub. L. 85726, § 1006(c) (related to CAB), 72 Stat. 795; restated June 29, 1960, Pub. L. 86546, § 1, 74 Stat. 255. 49 App.:1655(d) (1st sentence). 1153(b)(3)49 App.:1486(d), (e) (1st sentence) (as 1486(d), (e) (1st sentence) relates to CAB).Aug. 23, 1958, Pub. L. 85726, § 1006(d) (related to CAB), 72 Stat. 795; restated Sept. 13, 1961, Pub. L. 87225, § 2, 75 Stat. 497. 49 App.:1655(d) (1st sentence). 1153(b)(4)49 App.:1486(e) (last sentence related to CAB). 49 App.:1655(d) (1st sentence). 1153(b)(5)49 App.:1486(f) (related to CAB). 49 App.:1655(d) (1st sentence). 1153(c)49 App.:1429(a) (8thlast sentences related to Administrator under subch. VII).Aug. 23, 1958, Pub. L. 85726, § 609(a) (8thlast sentences related to Administrator under title VII), 72 Stat. 779; Nov. 18, 1971, Pub. L. 92159, § 2(a), 85 Stat. 481; Aug. 26, 1992, Pub. L. 102345, § 3(a)(2), 106 Stat. 925. 49 App.:1471(a) (3)(D)(v) (related to Administrator under subch. VII).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 901(a) (3)(D)(v) (related to Administrator under title VII); added Nov. 18, 1988, Pub. L. 100690, § 7208(b), 102 Stat. 4429; restated Aug. 26, 1992, Pub. L. 102345, § 2(a), 106 Stat. 923. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97449, § 7(b), 96 Stat. 2444. In subsection (a), the text of 49 App.:1903(d) (last sentence) is omitted as unnecessary because 5:ch. 7 applies by its own terms. The words “final order” are substituted for “order, affirmative or negative” in 49 App.:1903(d) and “Decisions of the National Transportation Safety Board made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection shall be administratively final” in 49 App.:1655(d) to eliminate unnecessary words. The words “is issued” are substituted for “after the entry” for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1655(d) (last sentence words after last comma) is omitted as unnecessary because of 49 App.:1903(d). In subsection (b)(1), the words “affirmative or negative” are omitted as surplus. The words “related to an aviation matter” are added because the source provisions being restated only apply to aviation matters. The words “is issued” are substituted for “the entry of” for consistency in the revised title and with other titles of the Code. In subsection (b)(2), the words “if any” are omitted as surplus. The words “of the proceeding” are added for clarity. The words “complained of” and “as provided in section 2112 of title 28” are omitted as surplus. In subsection (b)(3), the word “amend” is added for consistency in the revised title. The word “interim” is substituted for “interlocutory” for clarity. The words “taking other appropriate action” are substituted for “by such mandatory or other relief as may be appropriate” for clarity and to eliminate unnecessary words. In subsection (b)(4), the words “made in the proceeding conducted by” are substituted for “urged before” for clarity. In subsection (c), the source provisions are combined to eliminate unnecessary words and are restated in this chapter to alert the reader to the authority of the Administrator of the Federal Aviation Administration to seek judicial review of an order of the National Transportation Safety Board under section 44709 or 46301(d) of the revised title that the Administrator decides will have a significant adverse impact on carrying out source provisions restated in this chapter that are derived from title VII of the Federal Aviation Act of 1958 (Public Law 85726, 72 Stat. 781).
Editorial Notes
Amendments2012—Subsec. (c). Pub. L. 11295 substituted “section 44703(d), 44709, or” for “section 44709 or”. 2004—Subsec. (d). Pub. L. 108293 added subsec. (d).
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# 49 U.S.C. § 1154 - Discovery and use of cockpit and surface vehicle recordings and transcripts
## Text
(a) In General.— (1) Except as provided by this subsection, a party in a judicial proceeding may not use discovery to obtain—
(A) any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title;
(B) any part of a cockpit or surface vehicle recorder transcript that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title; and
(C) a cockpit or surface vehicle recorder recording.
(2) (A) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder transcript if, after an in camera review of the transcript, the court decides that—
(i) the part of the transcript made available to the public under section 1114(c) or 1114(d) of this title does not provide the party with sufficient information for the party to receive a fair trial; and
(ii) discovery of additional parts of the transcript is necessary to provide the party with sufficient information for the party to receive a fair trial.
(B) A court may allow discovery, or require production for an in camera review, of a cockpit or surface vehicle recorder transcript that the Board has not made available under section 1114(c) or 1114(d) of this title only if the cockpit or surface vehicle recorder recording is not available.
(3) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title, if, after an in camera review of the recording, the court decides that—
(A) the parts of the transcript made available to the public under section 1114(c) or 1114(d) of this title and to the party through discovery under paragraph (2) of this subsection do not provide the party with sufficient information for the party to receive a fair trial; and
(B) discovery of the cockpit or surface vehicle recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title, is necessary to provide the party with sufficient information for the party to receive a fair trial.
(4) (A) When a court allows discovery in a judicial proceeding of a still image or a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording, the court shall issue a protective order—
(i) to limit the use of the still image, the part of the transcript, or the recording to the judicial proceeding; and
(ii) to prohibit dissemination of the still image, the part of the transcript, or the recording to any person that does not need access to the still image, the part of the transcript, or the recording for the proceeding.
(B) A court may allow a still image or a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording to be admitted into evidence in a judicial proceeding, only if the court places the still image, the part of the transcript, or the recording under seal to prevent the use of the still image, the part of the transcript, or the recording for purposes other than for the proceeding.
(5) This subsection does not prevent the Board from referring at any time to cockpit or surface vehicle recorder information in making safety recommendations.
(6) In this subsection:
(A) Recorder.— The term “recorder” means a voice or video recorder.
(B) Still image.— The term “still image” means any still image obtained from a video recorder.
(C) Transcript.— The term “transcript” includes any written depiction of visual information obtained from a video recorder.
(b) Reports.— No part of a report of the Board, related to an accident or an investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 757; Pub. L. 106424, § 5(c)(1), Nov. 1, 2000, 114 Stat. 1885; Pub. L. 115254, div. C, § 1104(b), Oct. 5, 2018, 132 Stat. 3430.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1154(a)49 App.:1905(c)(3), (d).Jan. 3, 1975, Pub. L. 93633, 88 Stat. 2156, § 306(c)(3), (d); added Oct. 14, 1982, Pub. L. 97309, § 2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101641, § 4, 104 Stat. 4655. 1154(b)49 App.:1441(e).Aug. 23, 1958, Pub. L. 85726, § 701(e), 72 Stat. 781. 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A), (c).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1)(A), (c), 88 Stat. 2168, 2171. In subsection (a), the word “transcript” is substituted for “transcriptions” for clarity. In subsection (a)(1)(A), the words “that the National Transportation Safety Board has not made available to the public” are substituted for “other than such portions made available to the public by the Board” for clarity. In subsection (a)(2)(B), the words “prepared by or under the direction of the Board” are omitted as unnecessary and for consistency with the source provisions restated in this subsection. In subsection (b), the words “civil action” are substituted for “suit or action” in 49 App.:1441(e) and 1903(c) for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).
Editorial Notes
Amendments2018—Subsec. (a). Pub. L. 115254, § 1104(b)(1), substituted “In General” for “Transcripts and Recordings” in heading. Subsec. (a)(1). Pub. L. 115254, § 1104(b)(2), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. Subsec. (a)(3). Pub. L. 115254, § 1104(b)(3), substituted “recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title,” for “recorder recording” in introductory provisions and in subpar. (B). Subsec. (a)(4)(A). Pub. L. 115254, § 1104(b)(4), inserted “a still image or” before “a part of a cockpit” in introductory provisions and substituted “the still image, the part of the transcript, or the recording” for “the part of the transcript or the recording” wherever appearing. Subsec. (a)(4)(B). Pub. L. 115254, § 1104(b)(4)(B), inserted “a still image or” before “a part of a cockpit” and substituted “the still image, the part of the transcript, or the recording” for “the part of the transcript or the recording” in two places. Subsec. (a)(6)(B), (C). Pub. L. 115254, § 1104(b)(5), added subpar. (B) and redesignated former subpar. (B) as (C). 2000—Pub. L. 106424, § 5(c)(1)(A), substituted “and surface vehicle recordings and transcripts” for “voice and other material” in section catchline. Subsec. (a). Pub. L. 106424, § 5(c)(1)(B), substituted “cockpit or surface vehicle recorder” for “cockpit voice recorder” wherever appearing. Pub. L. 106424, § 5(c)(1)(C), substituted “section 1114(c) or 1114(d)” for “section 1114(c)” wherever appearing. Subsec. (a)(6). Pub. L. 106424, § 5(c)(1)(D), which directed the amendment of this section by adding par. (6) at the end, was executed by adding par. (6) at the end of subsec. (a) to reflect the probable intent of Congress.
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# 49 U.S.C. § 1155 - Penalties
## Text
(a) Civil Penalty.— (1) A person violating section 1132, section 1134(b), section 1134(f)(1), section 1136(g), or section 1139(g) of this title or a regulation prescribed or order issued under any of those sections is liable to the United States Government for a civil penalty of not more than $1,000. A separate violation occurs for each day a violation continues.
(2) This subsection does not apply to a member of the armed forces of the United States or an employee of the Department of Defense subject to the Uniform Code of Military Justice when the member or employee is performing official duties. The appropriate military authorities are responsible for taking necessary disciplinary action and submitting to the National Transportation Safety Board a timely report on action taken.
(3) The Board may compromise the amount of a civil penalty imposed under this subsection.
(4) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5) A civil penalty under this subsection may be collected by bringing a civil action against the person liable for the penalty. The action shall conform as nearly as practicable to a civil action in admiralty.
(b) Criminal Penalty.— A person that knowingly and without authority removes, conceals, or withholds a part of a civil aircraft involved in an accident, or property on the aircraft at the time of the accident, shall be fined under title 18, imprisoned for not more than 10 years, or both.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 758; Pub. L. 104264, title VII, § 702(b), Oct. 9, 1996, 110 Stat. 3267; Pub. L. 11863, title XII, § 1216(a), May 16, 2024, 138 Stat. 1431.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1155(a)(1), (2)49 App.:1471(a)(1) (related to subchapter VII).Aug. 23, 1958, Pub. L. 85726, § 901(a)(1) (related to title VII), 72 Stat. 783; restated July 10, 1962, Pub. L. 87528, § 12, 76 Stat. 149; Aug. 5, 1974, Pub. L. 93366, § 107, 88 Stat. 414; Jan. 3, 1975, Pub. L. 93633, § 113(b), 88 Stat. 2162. 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93633, § 304(a)(1)(A), 88 Stat. 2168. 1155(a)(3), (4)49 App.:1471(a)(2) (related to subchapter VII).Aug. 23, 1958, Pub. L. 85726, § 901(a)(2) (related to title VII), 72 Stat. 784; July 10, 1962, Pub. L. 87528, § 12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95504, § 35(b), 92 Stat. 1740. 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1155(a)(5)49 App.:1473(b)(1).Aug. 23, 1958, Pub. L. 85726, § 903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95504, § 36, 92 Stat. 1741. 49 App.:1473(b)(4).Aug. 23, 1958, Pub. L. 85726, § 903(b)(4), 72 Stat. 787. 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1155(b)49 App.:1472(p).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 902(p); added Oct. 15, 1962, Pub. L. 87810, § 4, 76 Stat. 921; Aug. 5, 1974, Pub. L. 93366, § 103(b), 88 Stat. 410; Dec. 30, 1987, Pub. L. 100223, § 204(e), 101 Stat. 1520. In subsection (a)(1), the words “section 1132 or 1134(b) or (f)(1) (related to an aircraft accident) of this title” are substituted for “any provision of subchapter . . . VII . . . of this chapter” in 49 App.:1471(a)(1) because those sections restate the relevant source provisions of 49 App.:ch. 20 carried out by the Board. The words “regulation prescribed or order issued under either of those sections” are substituted for “rule, regulation, or order issued thereunder” for clarity and consistency in the revised title and with other titles of the United States Code and because “rule” and “regulation” are synonymous. The words “liable to the United States Government” are substituted for “subject to” for clarity. The words “for each such violation” are omitted as unnecessary because of 18:1. In subsection (a)(2), the word “civilian” is omitted as unnecessary. The words “with respect thereto” are omitted as surplus. In subsection (a)(4), the words “imposed or compromised” are substituted for “finally determined or fixed by order of the Board, or the amount agreed upon in compromise” in 49 App.:1471(a)(2) for consistency and to eliminate unnecessary words. In subsection (a)(5), the words “imposed or assessed” are omitted as surplus. The words “civil action against the person” are substituted for “proceedings in personam against the person” in 49 App.:1473(b)(1) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The text of 49 App.:1473(b)(1) (1st sentence words after 1st comma and last sentence) is omitted as unnecessary because penalties imposed by the National Transportation Safety Board do not involve liens on aircraft. The text of 49 App.:1473(b)(4) is omitted as unnecessary because of 28:ch. 131.
Editorial Notes
References in TextThe Uniform Code of Military Justice, referred to in subsec. (a)(2), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.
Prior ProvisionsPrior chapter 31 (§§ 31013104) of subtitle II redesignated and restated as chapter 315 (§§ 3150131504) of subtitle VI of this title by Pub. L. 103272, § 1(c), (e).
Amendments2024—Pub. L. 11863, § 1216(a)(1), substituted “Penalties” for “Aviation penalties” in section catchline. Subsec. (a)(1). Pub. L. 11863, § 1216(a)(2), substituted “section 1136(g), or section 1139(g)” for “or section 1136(g) (related to an aircraft accident)”. 1996—Subsec. (a)(1). Pub. L. 104264 substituted “, section 1134(b), section 1134(f)(1), or section 1136(g)” for “or 1134(b) or (f)(1)” and “any of” for “either of”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104264, set out as a note under section 106 of this title.
@@ -0,0 +1,65 @@
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# 49 U.S.C. § 11101 - Common carrier transportation, service, and rates
## Text
(a) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall provide the transportation or service on reasonable request. A rail carrier shall not be found to have violated this section because it fulfills its reasonable commitments under contracts authorized under section 10709 of this title before responding to reasonable requests for service. Commitments which deprive a carrier of its ability to respond to reasonable requests for common carrier service are not reasonable.
(b) A rail carrier shall also provide to any person, on request, the carriers rates and other service terms. The response by a rail carrier to a request for the carriers rates and other service terms shall be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
(c) A rail carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to any person who, within the previous 12 months—
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
(d) With respect to transportation of agricultural products, in addition to the requirements of subsections (a), (b), and (c), a rail carrier shall publish, make available, and retain for public inspection its common carrier rates, schedules of rates, and other service terms, and any proposed and actual changes to such rates and service terms. For purposes of this subsection, agricultural products shall include grain as defined in section 3 of the United States Grain Standards Act (7 U.S.C. 75) and all products thereof, and fertilizer.
(e) A rail carrier shall provide transportation or service in accordance with the rates and service terms, and any changes thereto, as published or otherwise made available under subsection (b), (c), or (d).
(f) The Board shall, by regulation, establish rules to implement this section. The regulations shall provide for immediate disclosure and dissemination of rates and service terms, including classifications, rules, and practices, and their effective dates. Final regulations shall be adopted by the Board not later than 180 days after January 1, 1996.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 830; amended Pub. L. 104287, § 5(25), Oct. 11, 1996, 110 Stat. 3390.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 11101, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96258, § 1(10), June 3, 1980, 94 Stat. 426; Pub. L. 96448, title II, § 222, Oct. 14, 1980, 94 Stat. 1929; Pub. L. 99521, § 9(a), Oct. 22, 1986, 100 Stat. 2997; Pub. L. 103180, § 8, Dec. 3, 1993, 107 Stat. 2052, related to duties of carriers to provide transportation and service, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 11101, 13710, 14101, and 15701 of this title.
Amendments1996—Subsec. (f). Pub. L. 104287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11102 - Use of terminal facilities
## Text
(a) The Board may require terminal facilities, including main-line tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Board under this part, to be used by another rail carrier if the Board finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own business. The rail carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the rail carriers cannot agree, the Board may establish conditions and compensation for use of the facilities under the principle controlling compensation in condemnation proceedings. The compensation shall be paid or adequately secured before a rail carrier may begin to use the facilities of another rail carrier under this section.
(b) A rail carrier whose terminal facilities are required to be used by another rail carrier under this section is entitled to recover damages from the other rail carrier for injuries sustained as the result of compliance with the requirement or for compensation for the use, or both as appropriate, in a civil action, if it is not satisfied with the conditions for use of the facilities or if the amount of the compensation is not paid promptly.
(c) (1) The Board may require rail carriers to enter into reciprocal switching agreements, where it finds such agreements to be practicable and in the public interest, or where such agreements are necessary to provide competitive rail service. The rail carriers entering into such an agreement shall establish the conditions and compensation applicable to such agreement, but, if the rail carriers cannot agree upon such conditions and compensation within a reasonable period of time, the Board may establish such conditions and compensation.
(2) The Board may require reciprocal switching agreements entered into by rail carriers pursuant to this subsection to contain provisions for the protection of the interests of employees affected thereby.
(d) The Board shall complete any proceeding under subsection (a) or (b) within 180 days after the filing of the request for relief.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 831.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11103 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 11102, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1419, related to classification of carriers, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11103 - Switch connections and tracks
## Text
(a) On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall construct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or private side track with its railroad and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the connection—
(1) is reasonably practicable;
(2) can be made safely; and
(3) will furnish sufficient business to justify its construction and maintenance.
(b) If a rail carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Board under section 11701 of this title. The Board shall investigate the complaint and decide the safety, practicability, justification, and compensation to be paid for the connection. The Board may direct the rail carrier to comply with subsection (a) of this section only after a full hearing.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 831.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11104 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). Prior sections 11103 to 11111 were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 11103, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96448, title II, § 223, Oct. 14, 1980, 94 Stat. 1929, related to use of terminal facilities. See section 11102 of this title. Section 11104, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1420, related to switch connections and tracks. See section 11103 of this title. Section 11105, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1420, related to protective services. Section 11106, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1420, related to identification of motor vehicles. Section 11107, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1420; Pub. L. 96296, § 15(d), July 1, 1980, 94 Stat. 809, related to leased motor vehicles. See section 14102 of this title. Section 11108, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1421, related to water carriers subject to unreasonable discrimination in foreign transportation. Section 11109, added Pub. L. 96296, § 15(a)(1), July 1, 1980, 94 Stat. 808, related to loading and unloading motor vehicles. See section 14103 of this title. Section 11110, added Pub. L. 96454, § 6(a)(1), Oct. 15, 1980, 94 Stat. 2015, related to household goods carrier operations. See section 14104 of this title. Section 11111, added Pub. L. 97261, § 25(d)(1), Sept. 20, 1982, 96 Stat. 1125, related to use of citizen band radios on buses.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11121 - Criteria
## Text
(a) (1) A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall furnish safe and adequate car service and establish, observe, and enforce reasonable rules and practices on car service. The Board may require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Board decides that the rail carrier has materially failed to furnish that service. The Board may begin a proceeding under this paragraph when an interested person files an application with it. The Board may act only after a hearing on the record and an affirmative finding, based on the evidence presented, that—
(A) providing the facilities or equipment will not materially and adversely affect the ability of the rail carrier to provide safe and adequate transportation;
(B) the amount spent for the facilities or equipment, including a return equal to the rail carriers current cost of capital, will be recovered; and
(C) providing the facilities or equipment will not impair the ability of the rail carrier to attract adequate capital.
(2) The Board may require a rail carrier to file its car service rules with the Board.
(b) The Board may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under sections 11123 and 11124(a)(1) of this title.
(c) The Board shall consult, as it considers necessary, with the National Grain Car Council on matters within the charter of that body.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 832.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 11121, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96258, § 1(11), June 3, 1980, 94 Stat. 426, related to criteria of rail carriers to furnish safe and adequate car service, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11122 - Compensation and practice
## Text
(a) The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—
(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle;
(2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and
(3) sanctions for nonobservance.
(b) The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Board shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 832.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 11122, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96448, title II, § 224(a), Oct. 14, 1980, 94 Stat. 1929, related to use of and compensation for freight cars, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11123 - Situations requiring immediate action to serve the public
## Text
(a) When the Board determines that shortage of equipment, congestion of traffic, unauthorized cessation of operations, failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, or other failure of traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on shippers, or on rail service in a region of the United States, or that a rail carrier providing transportation subject to the jurisdiction of the Board under this part cannot transport the traffic offered to it in a manner that properly serves the public, the Board may, to promote commerce and service to the public, for a period not to exceed 30 days—
(1) direct the handling, routing, and movement of the traffic of a rail carrier and its distribution over its own or other railroad lines;
(2) require joint or common use of railroad facilities;
(3) prescribe temporary through routes;
(4) give directions for—
(A) preference or priority in transportation;
(B) embargoes; or
(C) movement of traffic under permits; or
(5) in the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to the operations.
(b) (1) Except with respect to proceedings under paragraph (2) of this subsection, the Board may act under this section on its own initiative or on application without regard to subchapter II of chapter 5 of title 5.
(2) Rail carriers may establish between themselves the terms of compensation for operations, and use of facilities and equipment, required under this section. When rail carriers do not agree on the terms of compensation under this section, the Board may establish the terms for them. The Board may act under subsection (a) before conducting a proceeding under this paragraph.
(3) (A) Except as provided in subparagraph (B), when a rail carrier is directed under this section to operate the lines of another rail carrier due to that carriers cessation of operations, compensation for the directed operations shall derive only from revenues generated by the directed operations.
(B) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, the Board shall provide funding to fully reimburse the directed service provider for its costs associated with the activities directed under subsection (a), including the payment of increased insurance premiums. The Board shall order complete indemnification against any and all claims associated with the provision of service to which the directed rail carrier may be exposed.
(c) (1) The Board may extend any action taken under subsection (a) of this section beyond 30 days if the Board finds that a transportation emergency described in subsection (a) continues to exist. Action by the Board under subsection (a) of this section may not remain in effect for more than 240 days beyond the initial 30-day period.
(2) The Board may not take action under this section that would—
(A) cause a rail carrier to operate in violation of this part; or
(B) impair substantially the ability of a rail carrier to serve its own customers adequately, or to fulfill its common carrier obligations.
(3) A rail carrier directed by the Board to take action under this section is not responsible, as a result of that action, for debts of any other rail carrier.
(4) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by cessation of service by the National Railroad Passenger Corporation, the Board may not direct a rail carrier to undertake activities under subsection (a) to continue such operations unless—
(A) the Board first affirmatively finds that the rail carrier is operationally capable of conducting the directed service in a safe and efficient manner; and
(B) the funding for such directed service required by subparagraph (B) of subsection (b)(3) is provided in advance in appropriations Acts.
(d) In carrying out this section, the Board shall require, to the maximum extent practicable, the use of employees who would normally have performed work in connection with the traffic subject to the action of the Board.
(e) For purposes of this section, the National Railroad Passenger Corporation and any entity providing commuter rail passenger transportation shall be considered rail carriers subject to the Boards jurisdiction.
(f) For purposes of this section, the term “commuter rail passenger transportation” has the meaning given that term in section 24102(4).11 See References in Text note below.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 833; amended Pub. L. 108199, div. F, title I, § 150(1), Jan. 23, 2004, 118 Stat. 302.)
## Notes
Editorial Notes
References in TextSection 24102 of this title, referred to in subsec. (f), was subsequently amended, and section 24102(4) no longer defines “commuter rail passenger transportation”. However, such term is defined elsewhere in that section.
Prior ProvisionsA prior section 11123, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1422; Pub. L. 96448, title II, § 226, Oct. 14, 1980, 94 Stat. 1930, related to situations requiring immediate action, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Amendments2004—Subsec. (a). Pub. L. 108199, § 150(1)(A)(i), inserted “failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation,” after “cessation of operations,” in introductory provisions. Subsec. (a)(5). Pub. L. 108199, § 150(1)(A)(ii)(iv), added par. (5). Subsec. (b)(3). Pub. L. 108199, § 150(1)(B), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), when” for “When”, and added subpar. (B). Subsec. (c)(4). Pub. L. 108199, § 150(1)(C), added par. (4). Subsecs. (e), (f). Pub. L. 108199, § 150(1)(D), added subsecs. (e) and (f).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11124 - War emergencies; embargoes imposed by carriers
## Text
(a) (1) When the President, during time of war or threatened war, notifies the Board that it is essential to the defense and security of the United States to give preference or priority to the movement of certain traffic, the Board shall direct that preference or priority be given to that traffic.
(2) When the President, during time of war or threatened war, demands that preference and precedence be given to the transportation of troops and material of war over all other traffic, all rail carriers providing transportation subject to the jurisdiction of the Board under this part shall adopt every means within their control to facilitate and expedite the military traffic.
(b) An embargo imposed by any such rail carrier does not apply to shipments consigned to agents of the United States Government for its use. The rail carrier shall deliver those shipments as promptly as possible.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 834.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11128 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). Prior sections 11124 to 11128 were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 11124, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1422, related to rerouting traffic on failure of rail carrier to serve the public. Section 11125, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1423; Pub. L. 98216, § 2(15), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103272, § 5(m)(28), July 5, 1994, 108 Stat. 1378, related to directed rail transportation. Section 11126, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1424; Pub. L. 103272, § 5(m)(29), July 5, 1994, 108 Stat. 1378, related to distribution of coal cars. Section 11127, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1424; Pub. L. 99521, § 9(b)(1), (2), Oct. 22, 1986, 100 Stat. 2997, related to service of household goods freight forwarders. Section 11128, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1425, related to war emergencies and embargoes imposed by carriers. See section 11124 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,51 @@
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# 49 U.S.C. § 11141 - Definitions
## Text
In this subchapter—
(1) the terms “rail carrier” and “lessor” include a receiver or trustee of a rail carrier and lessor, respectively;
(2) the term “lessor” means a person owning a railroad that is leased to and operated by a carrier providing transportation subject to the jurisdiction of the Board under this part; and
(3) the term “association” means an organization maintained by or in the interest of a group of rail carriers providing transportation or service subject to the jurisdiction of the Board under this part that performs a service, or engages in activities, related to transportation under this part.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 11141, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1425; Pub. L. 99521, § 9(c), Oct. 22, 1986, 100 Stat. 2997, defined terms for purposes of former sections 11141 to 11145 of this title, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 11141, 14121, and 15721 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11142 - Uniform accounting system
## Text
The Board may prescribe a uniform accounting system for classes of rail carriers providing transportation subject to the jurisdiction of the Board under this part. To the maximum extent practicable, the Board shall conform such system to generally accepted accounting principles, and shall administer this subchapter in accordance with such principles.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 11142, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1425; Pub. L. 96448, title III, § 301, Oct. 14, 1980, 94 Stat. 1934, related to uniform accounting system, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11143 - Depreciation charges
## Text
The Board shall, for a class of rail carriers providing transportation subject to its jurisdiction under this part, prescribe, and change when necessary, those classes of property for which depreciation charges may be included under operating expenses and a rate of depreciation that may be charged to a class of property. The Board may classify those rail carriers for purposes of this section. A rail carrier for whom depreciation charges and rates of depreciation are in effect under this section for any class of property may not—
(1) charge to operating expenses a depreciation charge on a class of property other than that prescribed by the Board;
(2) charge another rate of depreciation; or
(3) include other depreciation charges in operating expenses.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 11143, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1426, related to depreciation charges, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11144 - Records: form; inspection; preservation
## Text
(a) The Board may prescribe the form of records required to be prepared or compiled under this subchapter—
(1) by rail carriers and lessors, including records related to movement of traffic and receipts and expenditures of money; and
(2) by persons furnishing cars to or for a rail carrier providing transportation subject to the jurisdiction of the Board under this part to the extent related to those cars or that service.
(b) The Board, or an employee designated by the Board, may on demand and display of proper credentials—
(1) inspect and examine the lands, buildings, and equipment of a rail carrier or lessor; and
(2) inspect and copy any record of—
(A) a rail carrier, lessor, or association;
(B) a person controlling, controlled by, or under common control with a rail carrier if the Board considers inspection relevant to that persons relation to, or transaction with, that rail carrier; and
(C) a person furnishing cars to or for a rail carrier if the Board prescribed the form of that record.
(c) The Board may prescribe the time period during which operating, accounting, and financial records must be preserved by rail carriers, lessors, and persons furnishing cars.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 835.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 11144, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1426; Pub. L. 96296, § 24(c), July 1, 1980, 94 Stat. 816, related to form, inspection, and preservation of records, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 11144, 14122, and 15722 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11145 - Reports by rail carriers, lessors, and associations
## Text
(a) The Board may require—
(1) rail carriers, lessors, and associations, or classes of them as the Board may prescribe, to file annual, periodic, and special reports with the Board containing answers to questions asked by it; and
(2) a person furnishing cars to a rail carrier to file reports with the Board containing answers to questions about those cars.
(b) (1) An annual report shall contain an account, in as much detail as the Board may require, of the affairs of the rail carrier, lessor, or association for the 12-month period ending on December 31 of each year.
(2) An annual report shall be filed with the Board by the end of the third month after the end of the year for which the report is made unless the Board extends the filing date or changes the period covered by the report. The annual report and, if the Board requires, any other report made under this section, shall be made under oath.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 835.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 11145, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1427; Pub. L. 96296, § 5(b), July 1, 1980, 94 Stat. 796, related to reports by carriers, lessors, and associations, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See sections 11145, 14123, and 15723 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11161 - Implementation of cost accounting principles
## Text
The Board shall periodically review its cost accounting rules and shall make such changes in those rules as are required to achieve the regulatory purposes of this part. The Board shall insure that the rules promulgated under this section are the most efficient and least burdensome means by which the required information may be developed for regulatory purposes. To the maximum extent practicable, the Board shall conform such rules to generally accepted accounting principles.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 835.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11163 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 11161, added Pub. L. 96448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1934, related to Railroad Accounting Principles Board, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11162 - Rail carrier cost accounting system
## Text
(a) Each rail carrier shall have and maintain a cost accounting system that is in compliance with the rules promulgated by the Board under section 11161 of this title. A rail carrier may, after notifying the Board, make modifications in such system unless, within 60 days after the date of notification, the Board finds such modifications to be inconsistent with the rules promulgated by the Board under section 11161 of this title.
(b) For purposes of determining whether the cost accounting system of a rail carrier is in compliance with the rules promulgated by the Board, the Board shall have the right to examine and make copies of any documents, papers, or records of such rail carrier relating to compliance with such rules. Such documents, papers, and records (and any copies thereof) shall not be subject to the mandatory disclosure requirements of section 552 of title 5.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 836.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11164 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 11162, added Pub. L. 96448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1935; amended Pub. L. 103272, § 4(j)(30), July 5, 1994, 108 Stat. 1370, related to cost accounting principles, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,45 @@
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# 49 U.S.C. § 11163 - Cost availability
## Text
As required by the rules of the Board governing discovery in Board proceedings, rail carriers shall make relevant cost data available to shippers, States, ports, communities, and other interested parties that are a party to a Board proceeding in which such data are required.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 836.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11165 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 11163, added Pub. L. 96448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1936; amended Pub. L. 103272, § 4(j)(31), July 5, 1994, 108 Stat. 1370, related to implementation of cost accounting principles, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See section 11161 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,45 @@
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# 49 U.S.C. § 11164 - Accounting and cost reporting
## Text
To obtain expense and revenue information for regulatory purposes, the Board may promulgate reasonable rules for rail carriers providing transportation subject to the jurisdiction of the Board under this part, prescribing expense and revenue accounting and reporting requirements consistent with generally accepted accounting principles uniformly applied to such carriers. Such requirements shall be cost effective and compatible with and not duplicative of the managerial and responsibility accounting requirements of those carriers.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 836.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11166 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). Prior sections 11164 to 11168 were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 11164, added Pub. L. 96448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1936, related to certification of rail carrier cost accounting systems. See section 11162 of this title. Section 11165, added Pub. L. 96448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1937, related to cost data availability. See section 11163 of this title. Section 11166, added Pub. L. 96448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1937; amended Pub. L. 103272, § 4(j)(32), July 5, 1994, 108 Stat. 1370, related to accounting and cost reporting. See section 11164 of this title. Section 11167, added Pub. L. 96448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1938; amended Pub. L. 103272, § 4(j)(33), July 5, 1994, 108 Stat. 1370, related to reports to Congress by Railroad Accounting Principles Board. Section 11168, added Pub. L. 96448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1938, authorized appropriations for fiscal years 1981 to 1983.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,65 @@
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# 49 U.S.C. § 11301 - Equipment trusts: recordation; evidence of indebtedness
## Text
(a) A mortgage (other than a mortgage under chapter 313 of title 46), lease, equipment trust agreement, conditional sales agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of or security interest in vessels, railroad cars, locomotives, or other rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock (including superstructures and racks), intended for a use related to interstate commerce shall be filed with the Board in order to perfect the security interest that is the subject of such instrument. An assignment of a right or interest under one of those instruments and an amendment to that instrument or assignment including a release, discharge, or satisfaction of any part of it shall also be filed with the Board. The instrument, assignment, or amendment must be in writing, executed by the parties to it, and acknowledged or verified under Board regulations. When filed under this section, that document is notice to, and enforceable against, all persons. A document filed under this section does not have to be filed, deposited, registered, or recorded under another law of the United States, a State (or its political subdivisions), or territory or possession of the United States, related to filing, deposit, registration, or recordation of those documents. This section does not change chapter 313 of title 46.
(b) The Board shall maintain a system for recording each document filed under subsection (a) of this section and mark each of them with a consecutive number and the date and hour of their recordation. The Board shall maintain and keep open for public inspection an index of documents filed under that subsection. That index shall include the name and address of the principal debtors, trustees, guarantors, and other parties to those documents and may include other facts that will assist in determining the rights of the parties to those transactions.
(c) The Board may to the greatest extent practicable perform its functions under this section through contracts with private sector entities.
(d) A mortgage, lease, equipment trust agreement, conditional sales agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of or security interest in vessels, railroad cars, locomotives, or other rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock (including superstructures and racks), or any assignment thereof, which—
(1) is duly constituted under the laws of a country other than the United States; and
(2) relates to property that bears the reporting marks and identification numbers of any person domiciled in or corporation organized under the laws of such country,
shall be recognized with the same effect as having been filed under this section.
(e) Interests with respect to which documents are filed or recognized under this section are deemed perfected in all jurisdictions, and shall be governed by applicable State or foreign law in all matters not specifically governed by this section.
(f) The Board shall collect, maintain, and keep open for public inspection a railway equipment register consistent with the manner and format maintained by the Interstate Commerce Commission as of January 1, 1996.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 837; amended Pub. L. 104287, § 5(25), Oct. 11, 1996, 110 Stat. 3390.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11303 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 11301, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1428; Pub. L. 103429, § 6(16), Oct. 31, 1994, 108 Stat. 4379, related to authority of certain carriers to issue securities and assume obligations and liabilities, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 11302, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1430; Pub. L. 96296, § 18(a), July 1, 1980, 96 Stat. 811, provided that section 11301 of this title applied to motor carriers and corporations subject to jurisdiction of Interstate Commerce Commission under former subchapter II of chapter 105 of this title, but did not apply to corporations under a certain capitalization, and that this section did not apply to Federal, State, or local governments, prior to repeal by Pub. L. 97261, §§ 19(a), 31(a), Sept. 20, 1982, 96 Stat. 1121, 1129, effective on the 60th day after Sept. 20, 1982. Prior sections 11303 and 11304 were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 11303, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1430; Pub. L. 103272, § 5(m)(30), July 5, 1994, 108 Stat. 1378, related to filing and recording of mortgages, leases, equipment trusts, and other agreements with Interstate Commerce Commission. See section 11301 of this title. Section 11304, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1431; Pub. L. 96258, § 1(12), June 3, 1980, 94 Stat. 426, related to security interests in certain motor vehicles. See section 14301 of this title.
Amendments1996—Subsec. (f). Pub. L. 104287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
Abolition of Interstate Commerce Commission Interstate Commerce Commission abolished by section 101 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11321 - Scope of authority
## Text
(a) The authority of the Board under this subchapter is exclusive. A rail carrier or corporation participating in or resulting from a transaction approved by or exempted by the Board under this subchapter may carry out the transaction, own and operate property, and exercise control or franchises acquired through the transaction without the approval of a State authority. A rail carrier, corporation, or person participating in that approved or exempted transaction is exempt from the antitrust laws and from all other law, including State and municipal law, as necessary to let that rail carrier, corporation, or person carry out the transaction, hold, maintain, and operate property, and exercise control or franchises acquired through the transaction. However, if a purchase and sale, a lease, or a corporate consolidation or merger is involved in the transaction, the carrier or corporation may carry out the transaction only with the assent of a majority, or the number required under applicable State law, of the votes of the holders of the capital stock of that corporation entitled to vote. The vote must occur at a regular meeting, or special meeting called for that purpose, of those stockholders and the notice of the meeting must indicate its purpose.
(b) A power granted under this subchapter to a carrier or corporation is in addition to and changes its powers under its corporate charter and under State law. Action under this subchapter does not establish or provide for establishing a corporation under the laws of the United States.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 838.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11341 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 11321, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1432, related to limitations on ownership of certain water carriers, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
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# 49 U.S.C. § 11322 - Limitation on pooling and division of transportation or earnings
## Text
(a) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not agree or combine with another of those rail carriers to pool or divide traffic or services or any part of their earnings without the approval of the Board under this section or section 11123 of this title. The Board may approve and authorize the agreement or combination if the rail carriers involved assent to the pooling or division and the Board finds that a pooling or division of traffic, services, or earnings—
(1) will be in the interest of better service to the public or of economy of operation; and
(2) will not unreasonably restrain competition.
(b) The Board may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the rail carriers.
(c) The Board may begin a proceeding under this section on its own initiative or on application.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 838.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11342 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 11322, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1433, related to restrictions on officers and directors of carriers, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). See section 11328 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,67 @@
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# 49 U.S.C. § 11323 - Consolidation, merger, and acquisition of control
## Text
(a) The following transactions involving rail carriers providing transportation subject to the jurisdiction of the Board under this part may be carried out only with the approval and authorization of the Board:
(1) Consolidation or merger of the properties or franchises of at least 2 rail carriers into one corporation for the ownership, management, and operation of the previously separately owned properties.
(2) A purchase, lease, or contract to operate property of another rail carrier by any number of rail carriers.
(3) Acquisition of control of a rail carrier by any number of rail carriers.
(4) Acquisition of control of at least 2 rail carriers by a person that is not a rail carrier.
(5) Acquisition of control of a rail carrier by a person that is not a rail carrier but that controls any number of rail carriers.
(6) Acquisition by a rail carrier of trackage rights over, or joint ownership in or joint use of, a railroad line (and terminals incidental to it) owned or operated by another rail carrier.
(b) A person may carry out a transaction referred to in subsection (a) of this section or participate in achieving the control or management, including the power to exercise control or management, in a common interest of more than one of those rail carriers, regardless of how that result is reached, only with the approval and authorization of the Board under this subchapter. In addition to other transactions, each of the following transactions are considered achievements of control or management:
(1) A transaction by a rail carrier that has the effect of putting that rail carrier and person affiliated with it, taken together, in control of another rail carrier.
(2) A transaction by a person affiliated with a rail carrier that has the effect of putting that rail carrier and persons affiliated with it, taken together, in control of another rail carrier.
(3) A transaction by at least 2 persons acting together (one of whom is a rail carrier or is affiliated with a rail carrier) that has the effect of putting those persons and rail carriers and persons affiliated with any of them, or with any of those affiliated rail carriers, taken together, in control of another rail carrier.
(c) A person is affiliated with a rail carrier under this subchapter if, because of the relationship between that person and a rail carrier, it is reasonable to believe that the affairs of another rail carrier, control of which may be acquired by that person, will be managed in the interest of the other rail carrier.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 838.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11343 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a). A prior section 11323, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1433; Pub. L. 99521, § 10(a), (b)(1), Oct. 22, 1986, 100 Stat. 2997, related to limitation on ownership of other carriers by household goods freight forwarders, prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,79 @@
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# 49 U.S.C. § 11324 - Consolidation, merger, and acquisition of control: conditions of approval
## Text
(a) The Board may begin a proceeding to approve and authorize a transaction referred to in section 11323 of this title on application of the person seeking that authority. When an application is filed with the Board, the Board shall notify the chief executive officer of each State in which property of the rail carriers involved in the proposed transaction is located and shall notify those rail carriers. The Board shall hold a public hearing unless the Board determines that a public hearing is not necessary in the public interest.
(b) In a proceeding under this section which involves the merger or control of at least two Class I railroads, as defined by the Board, the Board shall consider at least—
(1) the effect of the proposed transaction on the adequacy of transportation to the public;
(2) the effect on the public interest of including, or failing to include, other rail carriers in the area involved in the proposed transaction;
(3) the total fixed charges that result from the proposed transaction;
(4) the interest of rail carrier employees affected by the proposed transaction; and
(5) whether the proposed transaction would have an adverse effect on competition among rail carriers in the affected region or in the national rail system.
(c) The Board shall approve and authorize a transaction under this section when it finds the transaction is consistent with the public interest. The Board may impose conditions governing the transaction, including the divestiture of parallel tracks or requiring the granting of trackage rights and access to other facilities. Any trackage rights and related conditions imposed to alleviate anticompetitive effects of the transaction shall provide for operating terms and compensation levels to ensure that such effects are alleviated. When the transaction contemplates a guaranty or assumption of payment of dividends or of fixed charges or will result in an increase of total fixed charges, the Board may approve and authorize the transaction only if it finds that the guaranty, assumption, or increase is consistent with the public interest. The Board may require inclusion of other rail carriers located in the area involved in the transaction if they apply for inclusion and the Board finds their inclusion to be consistent with the public interest.
(d) In a proceeding under this section which does not involve the merger or control of at least two Class I railroads, as defined by the Board, the Board shall approve such an application unless it finds that—
(1) as a result of the transaction, there is likely to be substantial lessening of competition, creation of a monopoly, or restraint of trade in freight surface transportation in any region of the United States; and
(2) the anticompetitive effects of the transaction outweigh the public interest in meeting significant transportation needs.
In making such findings, the Board shall, with respect to any application that is part of a plan or proposal developed under section 333(a)(d) of this title, accord substantial weight to any recommendations of the Attorney General.
(e) No transaction described in section 11326(b) may have the effect of avoiding a collective bargaining agreement or shifting work from a rail carrier with a collective bargaining agreement to a rail carrier without a collective bargaining agreement.
(f) (1) To the extent provided in this subsection, a proceeding under this subchapter relating to a transaction involving at least one Class I rail carrier shall not be considered an adjudication required by statute to be determined on the record after opportunity for an agency hearing, for the purposes of subchapter II of chapter 5 of title 5, United States Code.
(2) Ex parte communications, as defined in section 551(14) of title 5, United States Code, shall be permitted in proceedings described in paragraph (1) of this subsection, subject to the requirements of paragraph (3) of this subsection.
(3) (A) Any member or employee of the Board who makes or receives a written ex parte communication concerning the merits of a proceeding described in paragraph (1) shall promptly place the communication in the public docket of the proceeding.
(B) Any member or employee of the Board who makes or receives an oral ex parte communication concerning the merits of a proceeding described in paragraph (1) shall promptly place a written summary of the oral communication in the public docket of the proceeding.
(4) Nothing in this subsection shall be construed to require the Board or any of its members or employees to engage in any ex parte communication with any person. Nothing in this subsection or any other law shall be construed to limit the authority of the members or employees of the Board, in their discretion, to note in the docket or otherwise publicly the occurrence and substance of an ex parte communication.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 839.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11344 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,73 @@
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# 49 U.S.C. § 11325 - Consolidation, merger, and acquisition of control: procedure
## Text
(a) The Board shall publish notice of the application under section 11324 in the Federal Register by the end of the 30th day after the application is filed with the Board. However, if the application is incomplete, the Board shall reject it by the end of that period. The order of rejection is a final action of the Board. The published notice shall indicate whether the application involves—
(1) the merger or control of at least two Class I railroads, as defined by the Board, to be decided within the time limits specified in subsection (b) of this section;
(2) transactions of regional or national transportation significance, to be decided within the time limits specified in subsection (c) of this section; or
(3) any other transaction covered by this section, to be decided within the time limits specified in subsection (d) of this section.
(b) If the application involves the merger or control of two or more Class I railroads, as defined by the Board, the following conditions apply:
(1) Written comments about an application may be filed with the Board within 45 days after notice of the application is published under subsection (a) of this section. Copies of such comments shall be served on the Attorney General and the Secretary of Transportation, who may decide to intervene as a party to the proceeding. That decision must be made by the 15th day after the date of receipt of the written comments, and if the decision is to intervene, preliminary comments about the application must be sent to the Board by the end of the 15th day after the date of receipt of the written comments.
(2) The Board shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it by the 90th day after publication of notice under that subsection.
(3) The Board must conclude evidentiary proceedings by the end of 1 year after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 90th day after the date on which it concludes the evidentiary proceedings.
(c) If the application involves a transaction other than the merger or control of at least two Class I railroads, as defined by the Board, which the Board has determined to be of regional or national transportation significance, the following conditions apply:
(1) Written comments about an application, including comments of the Attorney General and the Secretary of Transportation, may be filed with the Board within 30 days after notice of the application is published under subsection (a) of this section.
(2) The Board shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it by the 60th day after publication of notice under that subsection.
(3) The Board must conclude any evidentiary proceedings by the 180th day after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 90th day after the date on which it concludes the evidentiary proceedings.
(d) For all applications under this section other than those specified in subsections (b) and (c) of this section, the following conditions apply:
(1) Written comments about an application, including comments of the Attorney General and the Secretary of Transportation, may be filed with the Board within 30 days after notice of the application is published under subsection (a) of this section.
(2) The Board must conclude any evidentiary proceedings by the 105th day after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 45th day after the date on which it concludes the evidentiary proceedings.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 841.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11345 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,51 @@
---
type: "LegalText"
title: "49 U.S.C. § 11326"
description: "Employee protective arrangements in transactions involving rail carriers"
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corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "113"
chapter_name: "FINANCE"
section: "11326"
citation: "49 U.S.C. § 11326"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
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tags: ["legal", "us-code"]
---
# 49 U.S.C. § 11326 - Employee protective arrangements in transactions involving rail carriers
## Text
(a) Except as otherwise provided in this section, when approval is sought for a transaction under sections 11324 and 11325 of this title, the Board shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under section 5(2)(f) of the Interstate Commerce Act before February 5, 1976, and the terms established under section 24706(c) 11 See References in Text note below. of this title. Notwithstanding this part, the arrangement may be made by the rail carrier and the authorized representative of its employees. The arrangement and the order approving the transaction must require that the employees of the affected rail carrier will not be in a worse position related to their employment as a result of the transaction during the 4 years following the effective date of the final action of the Board (or if an employee was employed for a lesser period of time by the rail carrier before the action became effective, for that lesser period).
(b) When approval is sought under sections 11324 and 11325 for a transaction involving one Class II and one or more Class III rail carriers, there shall be an arrangement as required under subsection (a) of this section, except that such arrangement shall be limited to one year of severance pay, which shall not exceed the amount of earnings from the railroad employment of that employee during the 12-month period immediately preceding the date on which the application for approval of such transaction is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of that employee with the acquiring carrier during the 12-month period immediately following the effective date of the transaction. The parties may agree to terms other than as provided in this subsection.
(c) When approval is sought under sections 11324 and 11325 for a transaction involving only Class III rail carriers, this section shall not apply.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 842.)
## Notes
Editorial Notes
References in TextSection 5(2)(f) of the Interstate Commerce Act, referred to in subsec. (a), was classified to section 5(2)(f) of former Title 49, Transportation, prior to repeal and reenactment as section 11347 of this title by Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1439. Section 11347 of this title was subsequently omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 24706(c) of this title, referred to in subsec. (a), was repealed by Pub. L. 105134, title I, § 142(a), Dec. 2, 1997, 111 Stat. 2576.
Prior ProvisionsProvisions similar to those in this section were contained in section 11347 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "49 U.S.C. § 11327"
description: "Supplemental orders"
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corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "113"
chapter_name: "FINANCE"
section: "11327"
citation: "49 U.S.C. § 11327"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
source_identifier: "/us/usc/t49/s11327"
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---
# 49 U.S.C. § 11327 - Supplemental orders
## Text
When cause exists, the Board may make appropriate orders supplemental to an order made in a proceeding under sections 11322 through 11326 of this title.
(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 843.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 11351 of this title prior to the general amendment of this subtitle by Pub. L. 10488, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.

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