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49 U.S.C. § 13508 — Limited authority over cooperative associations

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13508 — Limited authority over cooperative associations

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Stable record: federal_law:legal_authorities:record_usc_547b8cfc6a4671e1e266c59b
Source file: Laws/federal/codes/united-states-code/title-49/section-13508-limited-authority-over-cooperative-associations--82e56f3734.md
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Source location: Title 49, Chapter 135, § 13508; chapter-135-jurisdiction.md

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**(a) In General.—** Notwithstanding section 13506(a)(5), any cooperative association (as defined by section 15(a) of the Agricultural Marketing Act ([12 U.S.C. 1141j(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1141j/a&num=0&edition=prelim))) or a federation of cooperative associations shall prepare and maintain such records relating to transportation provided by such association or federation, in such form as the Secretary or the Board may require by regulation to carry out the provisions of such section 13506(a)(5). The Secretary or the Board, or an employee designated by the Secretary or the Board, may on demand and display of proper credentials— (1) inspect and examine the lands, buildings, and equipment of such association or federation; and (2) inspect and copy any record of such association or federation. **(b) Reports.—** Notwithstanding section 13506(a)(5), the Secretary or the Board may require a cooperative association or federation of cooperative associations described in subsection (a) of this section to file reports with the Secretary or the Board containing answers to questions about transportation provided by such association or federation. **(c) Enforcement.—** The Secretary or the Board may bring a civil action to enforce subsections (a) and (b) of this section or a regulation or order of the Secretary or the Board issued under this section, when violated by a cooperative association or federation of cooperative associations described in subsection (a). **(d) Reporting Penalties.—** (1) **In general.—** — A person required to make a report to the Secretary or the Board, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that— (A) does not make the report; (B) does not specifically, completely, and truthfully answer the question; or (C) does not maintain the record in the form and manner prescribed under this section; is liable to the United States for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues. (2) **Venue.—** — Trial in a civil action under paragraph (1) shall be in the judicial district in which— (A) the cooperative association or federation of cooperative associations has its principal office; (B) the violation occurred; or (C) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found. **(e) Evasion Penalties.—** A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade compliance with the provisions of this section shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation. **(f) Recordkeeping Penalties.—** A person required to make a report, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that— (1) willfully does not make that report; (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date that the question is required to be answered; (3) willfully does not maintain that record in the form and manner prescribed; (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record; (5) knowingly and willfully files a false report or record under this section; (6) knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transaction; or (7) knowingly and willfully maintains a record in violation of a regulation or order issued under this section; shall be fined not more than $5,000.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(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

49 U.S.C. § 10502 — Authority to exempt rail carrier transportation

**(a)** In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the Board, to the maximum extent consistent with this part, shall exempt a person, class of persons, or a transaction or service whenever the Board finds that the application in whole or in part of a provision of this part— (1) is not necessary to carry out the transportation policy of [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num=0&edition=prelim); and (2) either— (A) the transaction or service is of limited scope; or (B) the application in whole or in part of the provision is not needed to protect shippers from the abuse of market power. **(b)** The Board may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Board shall, within 90 days after receipt of any such application, determine whether to begin an appropriate proceeding. If the Board decides not to begin a class exemption proceeding, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of an application under this subsection shall be completed within 9 months after it is begun. **(c)** The Board may specify the period of time during which an exemption granted under this section is effective. **(d)** The Board may revoke an exemption, to the extent it specifies, when it finds that application in whole or in part of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1141j — Miscellaneous provisions

**(a) “Cooperative association” defined** As used in this chapter, the term “cooperative association” means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distributing, and/or furnishing farm supplies and/or farm business services: Provided, however, That such associations are operated for the mutual benefit of the members thereof as such producers or purchasers and conform to one or both of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; and Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in farm products, farm supplies, and farm business services with or for nonmembers in an amount greater in value than the total amount of such business transacted by it with or for members. All business transacted by any cooperative association for or on behalf of the United States or any agency or instrumentality thereof shall be disregarded in determining the volume of member and nonmember business transacted by such association. **(b) Speculation prohibited** It shall be unlawful for the governor, or any officer or employee of the Farm Credit Administration to speculate directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such c

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1141j

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1141j — Miscellaneous provisions

Page 273 TITLE 12—BANKS AND BANKING § 1141j whole or any part of (1) any office, bureau, serv- ice, division, commission, or board in the Execu- tive branch of the Government engaged in sci- entific or extension work, or the furnishing of services, with respect to the marketing of agri- cultural commodities, (2) its functions per- taining to such work or services, and (3) the rec- ords, property, including office equipment, per- sonnel, and unexpended balances of appropria- tion, pertaining to such work or services. (June 15, 1929, ch. 24, § 13, 46 Stat. 17; Ex. Ord. No. 6084, Mar. 27, 1933.) Editorial Notes CODIFICATION Section was formerly classified to section 533 of Title 7, Agriculture. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administration’’ substituted in text for ‘‘board’’ pursuant to Ex. Ord. No. 6084, set out preceding section 2241 of this title. TRANSFER OF FUNCTIONS Establishment of Farm Credit Administration as an independent agency, composition of Farm Credit Ad- ministration, appointment of Governor of Farm Credit Administration, and duties thereof, including duty to perform functions, etc., of Farm Credit Administration, see section 2241 et seq. of this title. Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS Functions of Farm Credit Administration or any agency, officer, or entity of, under, or subject to super- vision of said Administration excepted from functions of officers, agencies, and employees transferred to Sec- retary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Em- ployees. § 1141i. Repealed. Pub. L. 115–334, title V, § 5411(57), Dec. 20, 2018, 132 Stat. 4685 Section, act June 1

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 1141j

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13508 — Limited authority over cooperative asso-

Page 473 TITLE 49—TRANSPORTATION § 13508 (B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from jurisdiction under this part only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs; (2) transportation by motor vehicle provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or registration issued, under this part; (3) the emergency towing of an accidentally wrecked or disabled motor vehicle; or (4) transportation by a motor vehicle de- signed or used to transport not fewer than 9, and not more than 15, passengers (including the driver), whether operated alone or with a trailer attached for the transport of rec- reational equipment, if— (A) the motor vehicle is operated by a per- son that provides recreational activities; (B) the transportation is provided within a 150 air-mile radius of the location at which passengers initially boarded the motor vehi- cle at the outset of the trip; and (C) in the case of a motor vehicle trans- porting passengers over a route between a place in a State and a place in another State, the person operating the motor vehi- cle is lawfully providing transportation of passengers over the entire route in accord- ance with applicable State law. (Added Pub. L. 104–88, title I, § 1

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