US (United States) Code. Title 49. Subtitle I: Department of Transportation. Chapter 7: Surface board

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 7 - SURFACE TRANSPORTATION BOARD 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

-HEAD-

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

-MISC1-

SUBCHAPTER I - ESTABLISHMENT

Sec.

701. Establishment of Board.

702. Functions.

703. Administrative provisions.

704. Annual report.

705. Authorization of appropriations.

706. Reporting official action.

SUBCHAPTER II - ADMINISTRATIVE

721. Powers.

722. Board action.

723. Service of notice in Board proceedings.

724. Service of process in court proceedings.

725. Administrative support.

726. Railroad-Shipper Transportation Advisory Council.

727. Definitions.

-End-

-CITE-

49 USC SUBCHAPTER I - ESTABLISHMENT 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER I - ESTABLISHMENT

-HEAD-

SUBCHAPTER I - ESTABLISHMENT

-End-

-CITE-

49 USC Sec. 701 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER I - ESTABLISHMENT

-HEAD-

Sec. 701. Establishment of Board

-STATUTE-

(a) Establishment. - There is hereby established within the

Department of Transportation the Surface Transportation Board.

(b) Membership. - (1) The Board shall consist of 3 members, to be

appointed by the President, by and with the advice and consent of

the Senate. Not more than 2 members may be appointed from the same

political party.

(2) At any given time, at least 2 members of the Board shall be

individuals with professional standing and demonstrated knowledge

in the fields of transportation or transportation regulation, and

at least one member shall be an individual with professional or

business experience (including agriculture) in the private sector.

(3) The term of each member of the Board shall be 5 years and

shall begin when the term of the predecessor of that member ends.

An individual appointed to fill a vacancy occurring before the

expiration of the term for which the predecessor of that individual

was appointed, shall be 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, but for a

period not to exceed one year. The President may remove a member

for inefficiency, neglect of duty, or malfeasance in office.

(4) On January 1, 1996, the members of the Interstate Commerce

Commission serving unexpired terms on December 29, 1995, shall

become members of the Board, to serve for a period of time equal to

the remainder of the term for which they were originally appointed

to the Interstate Commerce Commission. Any member of the Interstate

Commerce Commission whose term expires on December 31, 1995, shall

become a member of the Board, subject to paragraph (3).

(5) No individual may serve as a member of the Board for more

than 2 terms. In the case of an individual who becomes a member of

the Board pursuant to paragraph (4), or an individual appointed to

fill a vacancy occurring before the expiration of the term for

which the predecessor of that individual was appointed, such

individual may not be appointed for more than one additional term.

(6) A member of the Board may not have a pecuniary interest in,

hold an official relation to, or own stock in or bonds of, a

carrier providing transportation by any mode and may not engage in

another business, vocation, or employment.

(7) A vacancy in the membership of the Board does not impair the

right of the remaining members to exercise all of the powers of the

Board. The Board may designate a member to act as Chairman during

any period in which there is no Chairman designated by the

President.

(c) Chairman. - (1) There shall be at the head of the Board a

Chairman, who shall be designated by the President from among the

members of the Board. The Chairman shall receive compensation at

the rate prescribed for level III of the Executive Schedule under

section 5314 of title 5.

(2) Subject to the general policies, decisions, findings, and

determinations of the Board, the Chairman shall be responsible for

administering the Board. The Chairman may delegate the powers

granted under this paragraph to an officer, employee, or office of

the Board. The Chairman shall -

(A) appoint and supervise, other than regular and full-time

employees in the immediate offices of another member, the

officers and employees of the Board, including attorneys to

provide legal aid and service to the Board and its members, and

to represent the Board in any case in court;

(B) appoint the heads of offices with the approval of the

Board;

(C) distribute Board business among officers and employees and

offices of the Board;

(D) prepare requests for appropriations for the Board and

submit those requests to the President and Congress with the

prior approval of the Board; and

(E) supervise the expenditure of funds allocated by the Board

for major programs and purposes.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 932; amended Pub. L. 104-287, Sec. 5(5), Oct. 11, 1996, 110

Stat. 3389.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(4). Pub. L. 104-287 substituted "January 1,

1996" for "the effective date of this section" and "December 29,

1995," for "the date of the enactment of the ICC Termination Act of

1995".

EFFECTIVE DATE

Section 2 of Pub. L. 104-88 provided that: "Except as otherwise

provided in this Act [see Tables for classification], this Act

shall take effect on January 1, 1996."

SAVINGS PROVISION

Section 204 of Pub. L. 104-88 provided that:

"(a) Legal Documents. - All orders, determinations, rules,

regulations, permits, grants, loans, contracts, agreements,

certificates, licenses, and privileges -

"(1) that have been issued, made, granted, or allowed to become

effective by the Interstate Commerce Commission, any officer or

employee of the Interstate Commerce Commission, or any other

Government official, or by a court of competent jurisdiction, in

the performance of any function that is transferred by this Act

[see Tables for classification] or the amendments made 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 Board [Surface Transportation Board], any other

authorized official, a court of competent jurisdiction, or

operation of law. The Board shall promptly rescind all regulations

established by the Interstate Commerce Commission that are based on

provisions of law repealed and not substantively reenacted by this

Act.

"(b) Proceedings. - (1) The provisions of this Act shall not

affect any proceedings or any application for any license pending

before the Interstate Commerce Commission at the time this Act

takes effect [see Effective Date note above], insofar as those

functions are retained and transferred by this Act; but such

proceedings and applications, to the extent that they relate to

functions so transferred, shall be continued. Orders shall be

issued in such proceedings, appeals shall be taken therefrom, and

payments shall be made pursuant to such orders, as if this Act had

not been enacted; and orders issued in any such proceedings shall

continue in effect until modified, terminated, superseded, or

revoked by a duly authorized official, by a court of competent

jurisdiction, or by operation of law. Nothing in this subsection

shall be deemed to prohibit the discontinuance or modification of

any such proceeding under the same terms and conditions and to the

same extent that such proceeding could have been discontinued or

modified if this Act had not been enacted.

"(2) The Board and the Secretary are authorized to provide for

the orderly transfer of pending proceedings from the Interstate

Commerce Commission.

"(3)(A) Except as provided in subparagraphs (B) and (C), in the

case of a proceeding under a provision of law repeal [repealed],

and not reenacted, by this Act such proceeding shall be terminated.

"(B) Any proceeding involving a pipeline carrier under subtitle

IV of title 49, United States Code, shall be continued to be heard

by the Board under such subtitle, as in effect on the day before

the effective date of this section [see Effective Date note above],

until completion of such proceeding.

"(C) Any proceeding involving the merger of a motor carrier

property under subtitle IV of title 49, United States Code, shall

continue to be heard by the Board under such subtitle, as in effect

on the day before the effective date of this section, until

completion of such proceeding.

"(4) Any proceeding with respect to any tariff, rate charge,

classification, rule, regulation, or service that was pending under

the Intercoastal Shipping Act, 1933 [former 46 App. U.S.C. 843 et

seq.] or the Shipping Act, 1916 [46 App. U.S.C. 801 et seq.] before

the Federal Maritime Commission on November 1, 1995, shall continue

to be heard until completion or issuance of a final order thereon

under all applicable laws in effect as of November 1, 1995.

"(c) Suits. - (1) This Act shall not affect suits commenced

before the date of the enactment of this Act [Dec. 29, 1995],

except as provided in paragraphs (2) and (3). In all such suits,

proceeding 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) Any suit by or against the Interstate Commerce Commission

begun before the effective date of this Act shall be continued,

insofar as it involves a function retained and transferred under

this Act, with the Board (to the extent the suit involves functions

transferred to the Board under this Act) or the Secretary (to the

extent the suit involves functions transferred to the Secretary

under this Act) substituted for the Commission.

"(3) If the court in a suit described in paragraph (1) remands a

case to the Board or the Secretary, subsequent proceedings related

to such case shall proceed in accordance with applicable law and

regulations as in effect at the time of such subsequent

proceedings.

"(d) Continuance of Actions Against Officers. - No suit, action,

or other proceeding commenced by or against any officer in his

official capacity as an officer of the Interstate Commerce

Commission shall abate by reason of the enactment of this Act. No

cause of action by or against the Interstate Commerce Commission,

or by or against any officer thereof in his official capacity,

shall abate by reason of enactment of this Act.

"(e) Exercise of Authorities. - Except as otherwise provided by

law, an officer or employee of the Board may, for purposes of

performing a function transferred by this Act or the amendments

made by this Act, 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 under this Act or the amendments

made by this Act."

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION

Section 101 of Pub. L. 104-88 provided that: "The Interstate

Commerce Commission is abolished."

-MISC2-

ORGANIZATION OF FUNCTIONS OF SURFACE TRANSPORTATION BOARD

Section 202 of title II of Pub. L. 104-88 provided that: "The

Chairman of the Surface Transportation Board (in this Act [see

Tables for classification] referred to as the 'Board') may allocate

or reallocate any function of the Board, consistent with this title

[see Tables for classification] and subchapter I of chapter 7 [49

U.S.C. 701 et seq.], as amended by section 201 of this title, among

the members or employees of the Board, and may establish,

consolidate, alter, or discontinue in the Board any organizational

entities that were entities of the Interstate Commerce Commission,

as the Chairman considers necessary or appropriate."

TRANSFER OF ASSETS AND PERSONNEL

Section 203 of Pub. L. 104-88 provided that:

"(a) To Board. - Except as otherwise provided in this Act [see

Tables for classification] and the amendments made by this Act,

those personnel, property, and records employed, used, held,

available, or to be made available in connection with a function

transferred to the Board [Surface Transportation Board] by this Act

shall be transferred to the Board for use in connection with the

functions transferred, and unexpended balances of appropriations,

allocations, and other funds of the Interstate Commerce Commission

shall also be transferred to the Board. Such unexpended balances,

allocations, and other funds, together with any unobligated

balances from user fees collected by the Commission during fiscal

year 1996, may be used to pay for the closedown of the Commission

and severance costs for Commission personnel, regardless of whether

those costs are incurred at the Commission or at the Board.

"(b) To Secretary. - Except as otherwise provided in this Act and

the amendments made by this Act, those personnel, property, and

records employed, used, held, available, or to be made available in

connection with a function transferred to the Secretary by this Act

shall be transferred to the Secretary for use in connection with

the functions transferred.

"(c) Separated Employees. - Notwithstanding all other laws and

regulations, the Department of Transportation shall place all

Interstate Commerce Commission employees separated from the

Commission as a result of this Act on the DOT reemployment priority

list (competitive service) or the priority employment list

(excepted service)."

REFERENCES TO INTERSTATE COMMERCE COMMISSION DEEMED TO BE

REFERENCES TO SURFACE TRANSPORTATION BOARD

Section 205 of Pub. L. 104-88 provided that: "Any reference to

the Interstate Commerce Commission in any other Federal law,

Executive order, rule, regulation, or delegation of authority, or

any document of or pertaining to the Interstate Commerce Commission

or an officer or employee of the Interstate Commerce Commission, is

deemed to refer to the Board [Surface Transportation Board], a

member or employee of the Board, or the Secretary, as appropriate."

-End-

-CITE-

49 USC Sec. 702 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER I - ESTABLISHMENT

-HEAD-

Sec. 702. Functions

-STATUTE-

Except as otherwise provided in the ICC Termination Act of 1995,

or the amendments made thereby, the Board shall perform all

functions that, immediately before January 1, 1996, were functions

of the Interstate Commerce Commission or were performed by any

officer or employee of the Interstate Commerce Commission in the

capacity as such officer or employee.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 933; amended Pub. L. 104-287, Sec. 5(6), Oct. 11, 1996, 110

Stat. 3389.)

-REFTEXT-

REFERENCES IN TEXT

The ICC Termination Act of 1995, referred to in text, is Pub. L.

104-88, 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.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-287 substituted "January 1, 1996" for "the

effective date of such Act".

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION

Interstate Commerce Commission abolished by section 101 of Pub.

L. 104-88, set out as a note under section 701 of this title.

-End-

-CITE-

49 USC Sec. 703 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER I - ESTABLISHMENT

-HEAD-

Sec. 703. Administrative provisions

-STATUTE-

(a) Executive Reorganization. - Chapter 9 of title 5, United

States Code, shall apply to the Board in the same manner as it does

to an independent regulatory agency, and the Board shall be an

establishment of the United States Government.

(b) Open Meetings. - For purposes of section 552b of title 5,

United States Code, the Board shall be deemed to be an agency.

(c) Independence. - In the performance of their functions, the

members, employees, and other personnel of the Board shall not be

responsible to or subject to the supervision or direction of any

officer, employee, or agent of any other part of the Department of

Transportation.

(d) Representation by Attorneys. - Attorneys designated by the

Chairman of the Board may appear for, and represent the Board in,

any civil action brought in connection with any function carried

out by the Board pursuant to this chapter or subtitle IV or as

otherwise authorized by law.

(e) Admission To Practice. - Subject to section 500 of title 5,

the Board may regulate the admission of individuals to practice

before it and may impose a reasonable admission fee.

(f) Budget Requests. - In each annual request for appropriations

by the President, the Secretary of Transportation shall identify

the portion thereof intended for the support of the Board and

include a statement by the Board -

(1) showing the amount requested by the Board in its budgetary

presentation to the Secretary and the Office of Management and

Budget; and

(2) an assessment of the budgetary needs of the Board.

(g) Direct Transmittal to Congress. - The Board shall transmit to

Congress copies of budget estimates, requests, and information

(including personnel needs), legislative recommendations, prepared

testimony for congressional hearings, and comments on legislation

at the same time they are sent to the Secretary of Transportation.

An officer of an agency may not impose conditions on or impair

communications by the Board with Congress, or a committee or Member

of Congress, about the information.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 934.)

-End-

-CITE-

49 USC Sec. 704 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER I - ESTABLISHMENT

-HEAD-

Sec. 704. Annual report

-STATUTE-

The Board shall annually transmit to the Congress a report on its

activities.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 934.)

-End-

-CITE-

49 USC Sec. 705 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER I - ESTABLISHMENT

-HEAD-

Sec. 705. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for the activities of the

Board -

(1) $8,421,000 for fiscal year 1996;

(2) $12,000,000 for fiscal year 1997; and

(3) $12,000,000 for fiscal year 1998.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 934.)

-End-

-CITE-

49 USC Sec. 706 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER I - ESTABLISHMENT

-HEAD-

Sec. 706. Reporting official action

-STATUTE-

(a) Reports on Proceedings. - The Board shall make a written

report of each proceeding conducted on complaint or on its own

initiative and furnish a copy to each party to that proceeding. The

report shall include the findings, conclusions, and the order of

the Board and, if damages are awarded, the findings of fact

supporting the award. The Board may have its reports published for

public use. A published report of the Board is competent evidence

of its contents.

(b) Special Rules for Matters Related to Rail Carriers. - (1)

When action of the Board in a matter related to a rail carrier is

taken by the Board, an individual member of the Board, or another

individual or group of individuals designated to take official

action for the Board, the written statement of that action

(including a report, order, decision and order, vote, notice,

letter, policy statement, or regulation) shall indicate -

(A) the official designation of the individual or group taking

the action;

(B) the name of each individual taking, or participating in

taking, the action; and

(C) the vote or position of each participating individual.

(2) If an individual member of a group taking an official action

referred to in paragraph (1) does not participate in it, the

written statement of the action shall indicate that the member did

not participate. An individual participating in taking an official

action is entitled to express the views of that individual as part

of the written statement of the action. In addition to any

publication of the written statement, it shall be made available to

the public under section 552(a) of title 5.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 934.)

-End-

-CITE-

49 USC SUBCHAPTER II - ADMINISTRATIVE 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

SUBCHAPTER II - ADMINISTRATIVE

-End-

-CITE-

49 USC Sec. 721 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 721. Powers

-STATUTE-

(a) In General. - The Board shall carry out this chapter and

subtitle IV. Enumeration of a power of the Board in this chapter or

subtitle IV does not exclude another power the Board may have in

carrying out this chapter or subtitle IV. The Board may prescribe

regulations in carrying out this chapter and subtitle IV.

(b) Inquiries, Reports, and Orders. - The Board may -

(1) inquire into and report on the management of the business

of carriers providing transportation and services subject to

subtitle IV;

(2) inquire into and report on the management of the business

of a person controlling, controlled by, or under common control

with those carriers to the extent that the business of that

person is related to the management of the business of that

carrier;

(3) obtain from those carriers and persons information the

Board decides is necessary to carry out subtitle IV; and

(4) when necessary to prevent irreparable harm, issue an

appropriate order without regard to subchapter II of chapter 5 of

title 5.

(c) Subpoena Witnesses. - (1) The Board may subpoena witnesses

and records related to a proceeding of the Board from any place in

the United States, to the designated place of the proceeding. If a

witness disobeys a subpoena, the Board, or a party to a proceeding

before the Board, may petition a court of the United States to

enforce that subpoena.

(2) The district courts of the United States have jurisdiction to

enforce a subpoena issued under this section. Trial is in the

district in which the proceeding is conducted. The court may punish

a refusal to obey a subpoena as a contempt of court.

(d) Depositions. - (1) In a proceeding, the Board may take the

testimony of a witness by deposition and may order the witness to

produce records. A party to a proceeding pending before the Board

may take the testimony of a witness by deposition and may require

the witness to produce records at any time after a proceeding is at

issue on petition and answer.

(2) If a witness fails to be deposed or to produce records under

paragraph (1), the Board may subpoena the witness to take a

deposition, produce the records, or both.

(3) A deposition may be taken before a judge of a court of the

United States, a United States magistrate judge, a clerk of a

district court, or a chancellor, justice, or judge of a supreme or

superior court, mayor or chief magistrate of a city, judge of a

county court, or court of common pleas of any State, or a notary

public who is not counsel or attorney of a party or interested in

the proceeding.

(4) Before taking a deposition, reasonable notice must be given

in writing by the party or the attorney of that party proposing to

take a deposition to the opposing party or the attorney of record

of that party, whoever is nearest. The notice shall state the name

of the witness and the time and place of taking the deposition.

(5) The testimony of a person deposed under this subsection shall

be taken under oath. The person taking the deposition shall

prepare, or cause to be prepared, a transcript of the testimony

taken. The transcript shall be subscribed by the deponent.

(6) The testimony of a witness who is in a foreign country may be

taken by deposition before an officer or person designated by the

Board or agreed on by the parties by written stipulation filed with

the Board. A deposition shall be filed with the Board promptly.

(e) Witness Fees. - Each witness summoned before the Board or

whose deposition is taken under this section and the individual

taking the deposition are entitled to the same fees and mileage

paid for those services in the courts of the United States.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 935.)

-End-

-CITE-

49 USC Sec. 722 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 722. Board action

-STATUTE-

(a) Effective Date of Actions. - Unless otherwise provided in

subtitle IV, the Board may determine, within a reasonable time,

when its actions, other than an action ordering the payment of

money, take effect.

(b) Terminating and Changing Actions. - An action of the Board

remains in effect under its own terms or until superseded. The

Board may change, suspend, or set aside any such action on notice.

Notice may be given in a manner determined by the Board. A court of

competent jurisdiction may suspend or set aside any such action.

(c) Reconsidering Actions. - The Board may, at any time on its

own initiative because of material error, new evidence, or

substantially changed circumstances -

(1) reopen a proceeding;

(2) grant rehearing, reargument, or reconsideration of an

action of the Board; or

(3) change an action of the Board.

An interested party may petition to reopen and reconsider an action

of the Board under this subsection under regulations of the Board.

(d) Finality of Actions. - Notwithstanding subtitle IV, an action

of the Board under this section is final on the date on which it is

served, and a civil action to enforce, enjoin, suspend, or set

aside the action may be filed after that date.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 936.)

-End-

-CITE-

49 USC Sec. 723 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 723. Service of notice in Board proceedings

-STATUTE-

(a) Designation of Agent. - A carrier providing transportation

subject to the jurisdiction of the Board under subtitle IV shall

designate an agent in the District of Columbia, on whom service of

notices in a proceeding before, and of actions of, the Board may be

made.

(b) Filing and Changing Designations. - A designation under

subsection (a) shall be in writing and filed with the Board. The

designation may be changed at any time in the same manner as

originally made.

(c) Service of Notice. - Except as otherwise provided, notices of

the Board shall be served on its designated agent at the office or

usual place of residence in the District of Columbia of that agent.

A notice of action of the Board shall be served immediately on the

agent or in another manner provided by law. If that carrier does

not have a designated agent, service may be made by posting the

notice in the office of the Board.

(d) Special Rule for Rail Carriers. - In a proceeding involving

the lawfulness of classifications, rates, or practices of a rail

carrier that has not designated an agent under this section,

service of notice of the Board on an attorney in fact for the

carrier constitutes service of notice on the carrier.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 937.)

-End-

-CITE-

49 USC Sec. 724 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 724. Service of process in court proceedings

-STATUTE-

(a) Designation of Agent. - A carrier providing transportation

subject to the jurisdiction of the Board under subtitle IV shall

designate an agent in the District of Columbia on whom service of

process in an action before a district court may be made. Except as

otherwise provided, process in an action before a district court

shall be served on the designated agent of that carrier at the

office or usual place of residence in the District of Columbia of

that agent. If the carrier does not have a designated agent,

service may be made by posting the notice in the office of the

Board.

(b) Changing Designation. - A designation under this section may

be changed at any time in the same manner as originally made.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 937.)

-End-

-CITE-

49 USC Sec. 725 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 725. Administrative support

-STATUTE-

The Secretary of Transportation shall provide administrative

support for the Board.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 937.)

-End-

-CITE-

49 USC Sec. 726 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 726. Railroad-Shipper Transportation Advisory Council

-STATUTE-

(a) Establishment; Membership. - There is established the

Railroad-Shipper Transportation Advisory Council (in this section

referred to as the "Council") to be composed of 19 members, of

which 15 members shall be appointed by the Chairman of the Board,

after recommendation from rail carriers and shippers, within 60

days after December 29, 1995. The members of the Council shall be

appointed as follows:

(1) The members of the Council shall be appointed from among

citizens of the United States who are not regular full-time

employees of the United States and shall be selected for

appointment so as to provide as nearly as practicable a broad

representation of the various segments of the railroad and rail

shipper industries.

(2) Nine of the members shall be appointed from senior

executive officers of organizations engaged in the railroad and

rail shipping industries, which 9 members shall be the voting

members of the Council. Council action and Council positions

shall be determined by a majority vote of the members present. A

majority of such voting members shall constitute a quorum. Of

such 9 voting members -

(A) at least 4 shall be representative of small shippers (as

determined by the Chairman); and

(B) at least 4 shall be representative of Class II or III

railroads.

(3) The remaining 6 members of the Council shall serve in a

nonvoting advisory capacity only, but shall be entitled to

participate in Council deliberations. Of the remaining members -

(A) 3 shall be representative of Class I railroads; and

(B) 3 shall be representative of large shipper organizations

(as determined by the Chairman).

(4) The Secretary of Transportation and the members of the

Board shall serve as ex officio, nonvoting members of the

Council. The Council shall not be subject to the Federal Advisory

Committee Act. A list of the members appointed to the Council

shall be forwarded to the Chairmen and ranking members of the

Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives.

(5) Each ex officio member of the Council may designate an

alternate, who shall serve as a member of the Council whenever

the ex officio member is unable to attend a meeting of the

Council. Any such designated alternate shall be selected from

individuals who exercise significant decision-making authority in

the Federal agency involved.

(b) Term of Office. - The members of the Council shall be

appointed for a term of office of 3 years, except that of the

members first appointed -

(1) 5 members shall be appointed for terms of 1 year; and

(2) 5 members shall be appointed for terms of 2 years,

as designated by the Chairman at the time of appointment. Any

member appointed to fill a vacancy occurring before the expiration

of the term for which the member's predecessor was appointed shall

be appointed only for the remainder of such term. A member may

serve after the expiration of his term until his successor has

taken office. Vacancies on the Council shall be filled in the same

manner in which the original appointments were made. No member of

the Council shall be eligible to serve in excess of two consecutive

terms.

(c) Election and Duties of Officers. - The Council Chairman and

Vice Chairman and other appropriate officers of the Council shall

be elected by and from the voting members of the Council. The

Council Chairman shall serve as the Council's executive officer and

shall direct the administration of the Council, assign officer and

committee duties, and shall be responsible for issuing and

communicating the reports, policy positions and statements of the

Council. In the event that the Council Chairman is unable to serve,

the Vice Chairman shall act as Council Chairman.

(d) Expenses. - (1) The members of the Council shall receive no

compensation for their services as such, but upon request by the

Council Chairman, based on a showing of significant economic

burden, the Secretary of Transportation or the Chairman of the

Board, to the extent provided in advance in appropriation Acts, may

provide reasonable and necessary travel expenses for such

individual Council members from Department or Board funding sources

in order to foster balanced representation on the Council.

(2) Upon request by the Council Chairman, the Secretary or

Chairman of the Board, to the extent provided in advance in

appropriations Acts, may pay the reasonable and necessary expenses

incurred by the Council in connection with the coordination of

Council activities, announcement and reporting of meetings, and

preparation of such Council documents as are required or permitted

by this section.

(3) The Council may solicit and use private funding for its

activities, subject to this subsection.

(4) Prior to making any Federal funding requests, the Council

Chairman shall undertake best efforts to fund such activities

privately unless the Council Chairman determines that such private

funding would create a conflict of interest, or the appearance

thereof, or is otherwise impractical. The Council Chairman shall

not request funding from any Federal agency without providing

written justification as to why private funding would create any

such conflict or appearance, or is otherwise impractical.

(5) To enable the Council to carry out its functions -

(A) the Council Chairman may request directly from any Federal

agency such personnel, information, services, or facilities, on a

compensated or uncompensated basis, as the Council Chairman

determines necessary to carry out the functions of the Council;

(B) each Federal agency may, in its discretion, furnish the

Council with such information, services, and facilities as the

Council Chairman may request to the extent permitted by law and

within the limits of available funds; and

(C) each Federal agency may, in its discretion, detail to

temporary duty with the Council, such personnel as the Council

Chairman may request for carrying out the functions of the

Council, each such detail to be without loss of seniority, pay,

or other employee status.

(e) Meetings. - The Council shall meet at least semi-annually and

shall hold other meetings at the call of the Council Chairman.

Appropriate Federal facilities, where available, may be used for

such meetings. Whenever the Council, or a committee of the Council,

considers matters that affect the jurisdictional interests of

Federal agencies that are not represented on the Council, the

Council Chairman may invite the heads of such agencies, or their

designees, to participate in the deliberations of the Council.

(f) Functions and Duties; Annual Report. - (1) The Council shall

advise the Secretary, the Chairman, the Committee on Commerce,

Science, and Transportation of the Senate, and the Committee on

Transportation and Infrastructure of the House of Representatives

with respect to rail transportation policy issues it considers

significant, with particular attention to issues of importance to

small shippers and small railroads, including car supply, rates,

competition, and effective procedures for addressing legitimate

shipper and other claims.

(2) To the extent the Council addresses specific grain car

issues, it shall coordinate such activities with the National Grain

Car Council. The Secretary and Chairman shall cooperate with the

Council to provide research, technical and other reasonable support

in developing any reports and policy statements required or

authorized by this subsection.

(3) The Council shall endeavor to develop within the private

sector mechanisms to prevent, or identify and effectively address,

obstacles to the most effective and efficient transportation system

practicable.

(4) The Council shall prepare an annual report concerning its

activities and the results of Council efforts to resolve industry

issues, and propose whatever regulatory or legislative relief it

considers appropriate. The Council shall include in the annual

report such recommendations as it considers appropriate with

respect to the performance of the Secretary and Chairman under this

chapter, and with respect to the operation and effectiveness of

meetings and industry developments relating to the Council's

efforts, and such other information as it considers appropriate.

Such annual reports shall be reviewed by the Secretary and

Chairman, and shall include the Secretary's and Chairman's views or

comments relating to -

(A) the accuracy of information therein;

(B) Council efforts and reasonableness of Council positions and

actions; and

(C) any other aspects of the Council's work as they may

consider appropriate.

The Council may prepare other reports or develop policy statements

as the Council considers appropriate. An annual report shall be

submitted for each fiscal year and shall be submitted to the

Secretary and Chairman within 90 days after the end of the fiscal

year. Other such reports and statements may be submitted as the

Council considers appropriate.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 937; amended Pub. L. 104-287, Sec. 5(7), Oct. 11, 1996, 110

Stat. 3389.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(a)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-287 substituted "December 29,

1995" for "the date of enactment of the ICC Termination Act of

1995" in introductory provisions.

-End-

-CITE-

49 USC Sec. 727 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 7 - SURFACE TRANSPORTATION BOARD

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 727. Definitions

-STATUTE-

All terms used in this chapter that are defined in subtitle IV

shall have the meaning given those terms in that subtitle.

-SOURCE-

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109

Stat. 940.)

-End-

-CITE-

49 USC SUBTITLE II - OTHER GOVERNMENT AGENCIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

-HEAD-

SUBTITLE II - OTHER GOVERNMENT AGENCIES

-MISC1-

Chapter Sec.

11. National Transportation Safety Board 1101

-End-