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49 U.S.C. § 10102 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim), 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 rela
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Stable record: federal_law:legal_authorities:record_usc_463a8bbb15ba6b54ad863f0e
Source file: Laws/federal/codes/united-states-code/title-49/section-10102-definitions--02db8055b6.md
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Source location: Title 49, Chapter 101, § 10102; chapter-101-general-provisions.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be 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.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals 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) No individual may serve as a member of the Board for more than 2 terms. In the case of 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.
(5) 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 busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
In determining the meaning of any Act of Congress, unless the context indicates otherwise—
Source: Supplied U.S. Code snapshot — release unconfirmed · 1 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations; standards; consultation with Secretary of Transportation**
(1) Within nine months after October 27, 1972, the Administrator shall publish proposed noise emission regulations for motor carriers engaged in interstate commerce. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of motor carriers engaged in interstate commerce which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim).
(2) Within ninety days after the publication of such regulations as may be proposed under paragraph (1) of this subsection, and subject to the provisions of [section 4915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4915&num=0&edition=prelim), the Administrator shall promulgate final regulations. Such regulations may be revised from time to time, in accordance with this subsection.
(3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation in order to assure appropriate consideration for safety and technological availability.
(4) Any regulation or revision thereof promulgated under this subsection shall take effect after such period as the Administrator finds necessary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4917
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Federal law — U.S. Code and appendices · legal_authorities
The Corporation shall be a rail carrier as defined in [section 10102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10102&num=0&edition=prelim), notwithstanding this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1344
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Federal law — U.S. Code and appendices · legal_authorities
**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/29&num=0&edition=prelim)) 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 g
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10908
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Federal law — U.S. Code and appendices · legal_authorities
In this part, the following definitions shall apply:
(1) **Board.—** — The term “Board” means the Surface Transportation Board.
(2) **Broker.—** — The term “broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.
(3) **Carrier.—** — The term “carrier” means a motor carrier, a water carrier, and a freight forwarder.
(4) **Contract carriage.—** — The term “contract carriage” means—
(A) for transportation provided before January 1, 1996, service provided pursuant to a permit issued under section 10923, as in effect on December 31, 1995; and
(B) for transportation provided after December 31, 1995, service provided under an agreement entered into under section 14101(b).
(5) **Control.—** — The term “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.
(6) **Foreign motor carrier.—** — The term “foreign motor carrier” means a person (including a motor carrier of property but excluding a motor private carrier)—
(A)
(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous foreign country; and
(B) in the case of a person that is not a motor carrier of property, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a motor carrier of property (other
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13102
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) **Board.—** — The term “Board” means the Surface Transportation Board.
(2) **Pipeline carrier.—** — The term “pipeline carrier” means a person providing pipeline transportation for compensation.
(3) **Rate.—** — The term “rate” means a rate or charge for transportation.
(4) **State.—** — The term “State” means a State of the United States and the District of Columbia.
(5) **Transportation.—** — The term “transportation” includes—
(A) property, facilities, instrumentalities, or equipment of any kind related to the movement of property, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including receipt, delivery, transfer in transit, storage, handling, and interchange of property.
(6) **United states.—** — The term “United States” means the States of the United States and the District of Columbia.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 15102
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) “final system plan” means the final system plan (including additions) adopted by the United States Railway Association under the Regional Rail Reorganization Act of 1973 ([45 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section701&num=0&edition=prelim) et seq.).
(2) “rail carrier” means an express carrier and a rail carrier as defined in [section 10102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10102&num=0&edition=prelim), including Amtrak.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) “farm vehicle” means a vehicle—
(A) designed or adapted and used only for agriculture;
(B) operated by a motor private carrier (as defined in [section 10102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10102&num=0&edition=prelim)); and
(C) operated only incidentally on highways.
(2) “interstate commerce” includes transportation between a place in a State and a place outside the United States, to the extent the transportation is in the United States.
(3) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
**(b) General Requirement and Minimum Amount.—**
(1) The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability, property damage, and environmental restoration for the transportation of property by motor carrier or motor private carrier (as such terms are defined in [section 13102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13102&num=0&edition=prelim)) in the United States between a place in a State and—
(A) a place in another State;
(B) another place in the same State through a place outside of that State; or
(C) a place outside the United States.
(2) The level of financial responsibility established under paragraph (1) of this subsection shall be at least $750,000.
**(c) Filing of Evidence of Financial Responsibility.—** The Secretary may require a motor private carrier (as defined in section 13102) to file with the Secretary the evidence of financial respon
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31139
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 of this title apply.
(2) “beneficial owner” means a person not having title to property but having ownership rights in the property, including a trustee of property in transit from an overseas place of origin that is domiciled or doing business in the United States, except that a carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator is not a beneficial owner only because of providing or arranging for any part of the intermodal transportation of property.
(3) “carrier” means—
(A) a motor carrier, water carrier, and rail carrier providing transportation of property in commerce; and
(B) an ocean common carrier (as defined in [section 40102 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102&num=0&edition=prelim)) providing transportation of property in commerce.
(4) “container” has the meaning given the term “freight container” by the International Standards Organization in Series 1, Freight Containers, 3d Edition (reference number ISO668–1979(E)), including successive revisions, and similar containers that are used in providing transportation in interstate commerce.
(5) “first carrier” means the first carrier transporting a loaded container or trailer in intermodal transportation.
(6) “gross cargo weight” means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.
(7) “intermodal transportation” means the successive transportation of a loaded container or trailer from its place of origin to its place of destination by more than one mode of transportation in interstate or foreign commerce, whether under a single bill of lading or
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5901
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