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49 U.S.C. § 10101 — Rail transportation policy
Federal law — U.S. Code and appendices · legal_authorities
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 av
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Stable record: federal_law:legal_authorities:record_usc_6f5d9a51b2d01aa83a88f726
Source file: Laws/federal/codes/united-states-code/title-49/section-10101-rail-transportation-policy--2dd899b982.md
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Source location: Title 49, Chapter 101, § 10101; chapter-101-general-provisions.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 902; amended Pub. L. 110–53, title XV, § 1537(a), Aug. 3, 2007, 121 Stat. 467, related to registration of motor carriers by a State.
Provisions similar to those in this section were contained in [section 11506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11506&num=0&edition=prelim) prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
#### Effective Date of Repeal
Pub. L. 109–59, title IV, § 4305(a), Aug. 10, 2005, 119 Stat. 1764, as amended by Pub. L. 110–53, title XV, § 1537(c), Aug. 3, 2007, 121 Stat. 467, provided that this section and the item relating to this section in the analysis for this chapter are repealed effective Jan. 1, 2008.
#### Temporary Reenactment of Section
Pub. L. 110–53, title XV, § 1537(a), Aug. 3, 2007, 121 Stat. 467, provided that [section 14504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section14504&num=0&edition=prelim), as in effect on Dec. 31, 2006, was to be in effect for the period beginning on Jan. 1, 2007, and ending on the earlier of Jan. 1, 2008, or the effective date of final regulations issued (none issued as of Jan. 1, 2008) pursuant to section 1537(b) of Pub. L. 110–53, set out as a note under [section 13908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13908&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14504
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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
**(a) Motor Carrier Generally.—**
(1) **In general.—** — Except as otherwise provided in this section, the Secretary of Transportation shall register a person to provide transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier using self-propelled vehicles the motor carrier owns, rents, or leases only if the Secretary determines that the person—
(A) is willing and able to comply with—
(i) this part and the applicable regulations of the Secretary and the Board;
(ii) any safety regulations imposed by the Secretary;
(iii) the duties of employers and employees established by the Secretary under section 31135;
(iv) the safety fitness requirements established by the Secretary under section 31144;
(v) the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road bus; and
(vi) the minimum financial responsibility requirements established by the Secretary under sections 13906, 31138, and 31139;
(B) has been issued a USDOT number under section 31134;
(C) has disclosed any relationship involving common ownership, common management, common control, or common familial relationship between that person and any other motor carrier, freight forwarder, or broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration; and
(D) after the Secretary establishes a written proficiency examination pursuant to section 32101(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012, has passed the written proficiency examinati
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13902
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Federal law — U.S. Code and appendices · legal_authorities
**(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 giv
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10501
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Federal law — U.S. Code and appendices · legal_authorities
Except with respect to abandonment under [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim), or merger, modification of the financial structure of the debtor, or issuance or sale of securities under a plan, the trustee and the debtor are subject to the provisions of subtitle IV of title 49 that are applicable to railroads, and the trustee is subject to orders of any Federal, State, or local regulatory body to the same extent as the debtor would be if a petition commencing the case under this chapter had not been filed, but—
(1) any such order that would require the expenditure, or the incurring of an obligation for the expenditure, of money from the estate is not effective unless approved by the court; and
(2) the provisions of this chapter are subject to section 601(b) of the Regional Rail Reorganization Act of 1973.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1166
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) of this section, if a lease of a line of railroad under which the debtor is the lessee is rejected under [section 365 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section365&num=0&edition=prelim), and if the trustee, within such time as the court fixes, and with the court’s approval, elects not to operate the leased line, the lessor under such lease, after such approval, shall operate the line.
**(b)** If operation of such line by such lessor is impracticable or contrary to the public interest, the court, on request of such lessor, and after notice and a hearing, shall order the trustee to continue operation of such line for the account of such lessor until abandonment is ordered under [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim), or until such operation is otherwise lawfully terminated, whichever occurs first.
**(c)** During any such operation, such lessor is deemed a carrier subject to the provisions of subtitle IV of title 49 that are applicable to railroads.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1169
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Federal law — U.S. Code and appendices · legal_authorities
Gross income does not include—
(1) income derived from any public utility or the exercise of any essential governmental function and accruing to a State or any political subdivision thereof, or the District of Columbia; or
(2) income accruing to the government of any possession of the United States, or any political subdivision thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 115
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Federal law — U.S. Code and appendices · legal_authorities
It is the goal of this subtitle to provide Conrail the opportunity to become profitable through the achievement of the following objectives:
(1) **Nonagreement personnel**
(A) Employees who are not subject to collective bargaining agreements (hereafter in this section referred to as “nonagreement personnel”) should forego wage increases and benefits in an amount proportionately equivalent to the amount foregone by agreement employees pursuant to paragraph (4) of this section, adjusted annually to reflect inflation.
(B) After May 1, 1981, the number of nonagreement personnel should be reduced proportionately to any reduction in agreement employees (excluding reductions pursuant to the termination program under [section 797a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797a&num=0&edition=prelim)).
(2) **Suppliers** — To facilitate the orderly movement of goods in interstate commerce, materials and services should continue to be available to Conrail, under normal business practices, including the provision of credit and normal financing arrangements.
(3) **Shippers** — Conrail should utilize the revenue opportunities available to it under the Staggers Rail Act of 1980 and subtitle IV of title 49.
(4) **Agreement employees**
(A) Conrail should enter into collective bargaining agreements with its employees which would reduce Conrail’s costs in an amount equal to $200,000,000 a year, beginning April 1, 1981, adjusted annually to reflect inflation.
(B) Agreements under this subparagraph may provide for reductions in wage increases and for changes in fringe benefits common to agreement employees, including vacations and holidays.
(C) The cost reductions required under this subparagraph in the first year of the agr
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1103
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10502
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num=0&edition=prelim) 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](https://uscode.ho
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10706
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