US (United States) Code. Title 49. Subtitle IV. Part A. Chapter 101: General provisions

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

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49 USC CHAPTER 101 - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 101 - GENERAL PROVISIONS

-HEAD-

CHAPTER 101 - GENERAL PROVISIONS

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Sec.

10101. Rail transportation policy.

10102. Definitions.

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PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 22101, 22107 of this title;

title 26 sections 168, 281, 3231, 7701; title 29 section 213; title

45 sections 231, 351, 661, 702, 741, 744, 802, 1207.

-End-

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49 USC Sec. 10101 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 101 - GENERAL PROVISIONS

-HEAD-

Sec. 10101. Rail transportation policy

-STATUTE-

In regulating the railroad industry, it is the policy of the

United States Government -

(1) to allow, to the maximum extent possible, competition and

the demand for services to establish reasonable rates for

transportation by rail;

(2) to minimize the need for Federal regulatory control over

the rail transportation system and to require fair and

expeditious regulatory decisions when regulation is required;

(3) to promote a safe and efficient rail transportation system

by allowing rail carriers to earn adequate revenues, as

determined by the 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.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 805.)

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PRIOR PROVISIONS

Prior sections 10101 and 10101a were omitted in the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

Section 10101, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1337; Pub.

L. 96-296, Sec. 4, July 1, 1980, 94 Stat. 793; Pub. L. 96-448,

title I, Sec. 101(b), Oct. 14, 1980, 94 Stat. 1898; Pub. L. 97-261,

Sec. 5, Sept. 20, 1982, 96 Stat. 1103; Pub. L. 103-311, title II,

Sec. 204, Aug. 26, 1994, 108 Stat. 1683, related to transportation

policy. See sections 13101 and 15101 of this title.

Section 10101a, added Pub. L. 96-448, title I, Sec. 101(a), Oct.

14, 1980, 94 Stat. 1897, related to rail transportation policy.

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in

Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note

under section 701 of this title.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-298, Sec. 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 AMENDMENT

Pub. L. 99-521, Sec. 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 AMENDMENT

Section 1 of Pub. L. 97-261 provided: "That this Act [see Tables

for classification] may be cited as the 'Bus Regulatory Reform Act

of 1982'."

SHORT TITLE OF 1980 AMENDMENTS

Pub. L. 96-454, Sec. 1, Oct. 15, 1980, 94 Stat. 2011, provided:

"That this Act [see Tables for classification] may be cited as the

'Household Goods Transportation Act of 1980'."

Section 1 of Pub. L. 96-448 provided that: "This Act [see Tables

for classification] may be cited as the 'Staggers Rail Act of

1980'."

Section 1 of Pub. L. 96-296 provided: "That this Act [see Tables

for classification] may be cited as the 'Motor Carrier Act of

1980'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302, 10502, 10706 of this

title; title 33 section 1803.

-End-

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49 USC Sec. 10102 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 101 - GENERAL PROVISIONS

-HEAD-

Sec. 10102. Definitions

-STATUTE-

In this part -

(1) "Board" means the Surface Transportation Board;

(2) "car service" includes (A) the use, control, supply,

movement, distribution, exchange, interchange, and return of

locomotives, cars, other vehicles, and special types of equipment

used in the transportation of property by a rail carrier, and (B)

the supply of trains by a rail carrier;

(3) "control", when referring to a relationship between

persons, includes actual control, legal control, and the power to

exercise control, through or by (A) common directors, officers,

stockholders, a voting trust, or a holding or investment company,

or (B) any other means;

(4) "person", in addition to its meaning under section 1 of

title 1, includes a trustee, receiver, assignee, or personal

representative of a person;

(5) "rail carrier" means a person providing common carrier

railroad transportation for compensation, but does not include

street, suburban, or interurban electric railways not operated as

part of the general system of rail transportation;

(6) "railroad" includes -

(A) a bridge, car float, lighter, ferry, and intermodal

equipment used by or in connection with a railroad;

(B) the road used by a rail carrier and owned by it or

operated under an agreement; and

(C) a switch, spur, track, terminal, terminal facility, and a

freight depot, yard, and ground, used or necessary for

transportation;

(7) "rate" means a rate or charge for transportation;

(8) "State" means a State of the United States and the District

of Columbia;

(9) "transportation" includes -

(A) a locomotive, car, vehicle, vessel, warehouse, wharf,

pier, dock, yard, property, facility, instrumentality, or

equipment of any kind related to the movement of passengers or

property, or both, by rail, regardless of ownership or an

agreement concerning use; and

(B) services related to that movement, including receipt,

delivery, elevation, transfer in transit, refrigeration, icing,

ventilation, storage, handling, and interchange of passengers

and property; and

(10) "United States" means the States of the United States and

the District of Columbia.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 806.)

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PRIOR PROVISIONS

Prior sections 10102 and 10103 were omitted in the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

Section 10102, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1338; Pub.

L. 96-296, Sec. 10(a)(1), July 1, 1980, 94 Stat. 799; Pub. L.

96-454, Sec. 3(a), Oct. 15, 1980, 94 Stat. 2011; Pub. L. 97-261,

Sec. 6(d)(1), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99-521, Sec.

4, Oct. 22, 1986, 100 Stat. 2993; Pub. L. 103-272, Sec. 5(m)(13),

July 5, 1994, 108 Stat. 1377; Pub. L. 103-311, title II, Secs.

205(b), 206(f), Aug. 26, 1994, 108 Stat. 1683, 1686, defined terms

used in this subtitle. See sections 10102, 13102, and 15102 of this

title.

Section 10103, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1340; Pub.

L. 96-448, title II, Sec. 214(c)(2), Oct. 14, 1980, 94 Stat. 1915,

provided that the remedies under this subtitle were cumulative. See

sections 10501, 13103, and 15103 of this title.

A prior chapter 103, consisting of sections 10301 to 10311,

10321, 10322, 10324, 10326 to 10330, 10341 to 10344, 10361 to

10364, and 10381 to 10388, was omitted in the general amendment of

this subtitle by Pub. L. 104-88, Sec. 102(a). See chapter 7 of this

title.

Section 10301, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1341; Pub.

L. 97-253, title V, Sec. 502(b), (e), (h)(1), Sept. 8, 1982, 96

Stat. 806, related to organization, membership, administration,

seal, and expenses of Interstate Commerce Commission.

Section 10302, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342,

related to divisions of Commission.

Section 10303, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342,

related to Secretary and public records of Commission.

Section 10304, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342,

related to employee boards of Commission.

Section 10305, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342,

related to delegation of authority by Commission.

Section 10306, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343,

related to conduct of Commission proceedings.

Section 10307, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343,

related to offices and sessions of Commission.

Section 10308, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343,

related to admission to practice before Commission.

Section 10309, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1344; Pub.

L. 103-437, Sec. 18, Nov. 2, 1994, 108 Stat. 4596, related to

access to Commission records by congressional committees.

Section 10310, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1344,

related to reports of official Commission actions.

Section 10311, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1345,

required Commission to submit annual report to Congress.

Section 10321, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1345; Pub.

L. 97-261, Sec. 24, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 103-272,

Sec. 4(j)(12), July 5, 1994, 108 Stat. 1368, related to powers of

Commission.

Section 10322, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1346; Pub.

L. 96-296, Sec. 25(a), July 1, 1980, 94 Stat. 816; Pub. L. 96-454,

Sec. 5(b), Oct. 15, 1980, 94 Stat. 2014; Pub. L. 97-261, Secs.

6(e), 16(c), 17(b), 28(a), Sept. 20, 1982, 96 Stat. 1107, 1117,

1119, 1128; Pub. L. 98-554, title II, Sec. 226(c)(1), Oct. 30,

1984, 98 Stat. 2851; Pub. L. 103-272, Sec. 5(m)(14), July 5, 1994,

108 Stat. 1377, related to Commission action and appellate

procedure in non-rail proceedings.

A prior section 10323, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1346, related to rehearing, reargument, and reconsideration in

nonrail proceedings, prior to repeal by Pub. L. 96-296, Sec. 25(b),

July 1, 1980, 94 Stat. 818.

Section 10324, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1347; Pub.

L. 96-258, Sec. 1(1), June 3, 1980, 94 Stat. 425; Pub. L. 96-296,

Sec. 25(c), July 1, 1980, 94 Stat. 818, related to taking effect,

duration, and modification of Commission actions.

A prior section 10325, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1347, provided for judicial review in nonrail proceedings, prior to

repeal by Pub. L. 96-296, Sec. 25(d), July 1, 1980, 94 Stat. 818.

Section 10326, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1348,

related to limitations in rulemaking proceedings related to rail

carriers.

Section 10327, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1348; Pub.

L. 96-258, Sec. 1(2), June 3, 1980, 94 Stat. 425; Pub. L. 96-296,

Sec. 25(e), July 1, 1980, 94 Stat. 818; Pub. L. 97-375, title I,

Sec. 113, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 104-66, title II,

Sec. 2101, Dec. 21, 1995, 109 Stat. 730, related to Commission

action and appellate procedure in rail carrier proceedings.

Section 10328, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1350; Pub.

L. 97-261, Sec. 28(b), Sept. 20, 1982, 96 Stat. 1128; Pub. L.

99-521, Sec. 5(a), Oct. 22, 1986, 100 Stat. 2994, related to

intervention in Commission proceedings.

Section 10329, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1351; Pub.

L. 99-521, Sec. 5(b), Oct. 22, 1986, 100 Stat. 2994, related to

service of notice in Commission proceedings.

Section 10330, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1352,

related to service of process in court proceedings.

Section 10341, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1352,

authorized Commission to refer matters to joint boards.

Section 10342, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1353,

related to establishment and membership of joint boards.

Section 10343, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1353,

related to powers of joint boards.

Section 10344, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1354; Pub.

L. 96-296, Sec. 36, July 1, 1980, 94 Stat. 826, related to

administration and proceedings of joint boards.

Section 10361, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1355,

related to Rail Services Planning Office.

Section 10362, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1355; Pub.

L. 98-216, Sec. 2(5)-(7), Feb. 14, 1984, 98 Stat. 5; Pub. L.

99-509, title IV, Sec. 4033(c)(7), Oct. 21, 1986, 100 Stat. 1909;

Pub. L. 103-272, Sec. 4(j)(13), July 5, 1994, 108 Stat. 1368,

related to duties of Rail Services Planning Office.

Section 10363, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1356; Pub.

L. 103-272, Sec. 4(j)(14), July 5, 1994, 108 Stat. 1369, related to

appointment and duties of Director of Rail Services Planning

Office.

Section 10364, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1356; Pub.

L. 103-272, Sec. 5(m)(15), July 5, 1994, 108 Stat. 1377, related to

powers of and assistance to Director.

Section 10381, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357,

related to Office of Rail Public Counsel.

Section 10382, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357; Pub.

L. 96-258, Sec. 1(3), June 3, 1980, 94 Stat. 425, related to duties

and standing of Office of Rail Public Counsel.

Section 10383, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357; Pub.

L. 103-272, Sec. 4(j)(14), July 5, 1994, 108 Stat. 1369, related to

duties and appointment of Director of Office of Rail Public

Counsel.

Section 10384, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358,

related to staff of Office of Rail Public Counsel.

Section 10385, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358; Pub.

L. 103-272, Sec. 5(m)(15), July 5, 1994, 108 Stat. 1377, related to

powers of Office of Rail Public Counsel.

Section 10386, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358,

related to reports concerning activities of Office of Rail Public

Counsel.

Section 10387, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358,

related to budget requests and estimates of Office of Rail Public

Counsel.

Section 10388, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358; Pub.

L. 96-73, title III, Sec. 301, Sept. 29, 1979, 93 Stat. 557,

authorized appropriations for Office of Rail Public Counsel for

fiscal year ending Sept. 30, 1980.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 501 of this title; title

45 section 1344.

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