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49 U.S.C. § 333 — Responsibility for rail transportation unification and coordination projects

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

49 U.S.C. § 333 — Responsibility for rail transportation unification and coordination projects

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Source file: Laws/federal/codes/united-states-code/title-49/section-333-responsibility-for-rail-transportation-unification-and-coordination-proj--31029fa448.md
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Source location: Title 49, Chapter 3, § 333; chapter-003-general-duties-and-powers.md

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**(a)** The Secretary of Transportation may develop and make available to interested persons any plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail transportation (including arrangements for joint use of tracks and other facilities and acquisition or sale of assets) that the Secretary believes will result in a rail system that is more efficient and consistent with the public interest. **(b)** To achieve a more efficient, economical, and viable rail system in the private sector, the Secretary, when requested by a rail carrier and under this section, may assist in planning, negotiating, and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers. **(c)** (1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail transportation that are likely to result from unification or coordination of at least 2 rail carriers, through— (A) elimination of duplicating or overlapping operations and facilities; (B) reducing switching operations; (C) using the shortest or more efficient and economical routes; (D) exchanging trackage rights; (E) combining trackage and terminal or other facilities; (F) upgrading tracks and other facilities used by at least 2 rail carriers; (G) reducing administrative and other expenses; and (H) other measures likely to reduce costs and improve rail transportation. (2) When the Secretary requests information for a study under this section, a rail carrier shall provide the information requested. In carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee notwithstanding [section 11904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11904&num=0&edition=prelim). When appropriate, the designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to carry out this section, but a subpena must be issued under the signature of the Secretary. **(d)** (1) When requested by a rail carrier, the Secretary may hold conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference— (A) officers and directors of an affected rail carrier; (B) representatives of rail carrier employees who may be affected; (C) representatives of the Surface Transportation Board; (D) State and local government officials, shippers, and consumer representatives; and (E) representatives of the Federal Trade Commission and the Attorney General. (2) A person attending or represented at a conference on a proposed unification or coordination project is not liable under the antitrust laws of the United States for any discussion at the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the unification or coordination project. **(e)** When the approval of a proposal submitted by a rail carrier for a merger or other action is subject to the jurisdiction of the Surface Transportation Board under [section 11323(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11323/a&num=0&edition=prelim), the Secretary may study the proposal to decide whether it satisfies [section 11324(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11324/b&num=0&edition=prelim). When the proposal is the subject of an application and proceeding before the Board, the Secretary may appear in any proceeding related to the application.

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

45 U.S.C. § 713 — Access to information

The Corporation shall make available to the Association such information as the Association determines necessary for the Association to carry out its functions under this chapter. The Association shall request from other parties which are affected by this chapter information which will enable the Association to fulfill its functions under this chapter.

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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

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

49 U.S.C. § 11904 — Unlawful disclosure of information

**(a)** A— (1) rail carrier providing transportation subject to the jurisdiction of the Board under this part, or an officer, agent, or employee of that rail carrier, or another person authorized to receive information from that rail carrier, that knowingly discloses to another person, except the shipper or consignee; or (2) person who solicits or knowingly receives, information described in subsection (b) without the consent of the shipper or consignee shall be fined not more than $1,000. **(b)** The information referred to in subsection (a) is information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that rail carrier for transportation provided under this part, or information about the contents of a contract authorized under [section 10709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10709&num=0&edition=prelim), that may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor, the business transactions of the shipper or consignee. **(c)** This part does not prevent a rail carrier providing transportation subject to the jurisdiction of the Board under this part from giving information— (1) in response to legal process issued under authority of a court of the United States or a State; (2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or (3) to another rail carrier or its agent to adjust mutual traffic accounts in the ordinary course of business. **(d)** An employee of the Board delegated to make an inspection or examination under [section 11144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section111

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11904

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

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101

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

45 U.S.C. § 903 — Sales and transfers

**(a)** The Milwaukee Railroad may negotiate and enter into agreements to sell, to another rail carrier or any other person, all or any portion of its rail properties used in railroad operations as of October 15, 1979. Such sale agreements may in no event become final and effective until the occurrence of an event described in [section 920(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section920/b&num=0&edition=prelim), or April 1, 1980, whichever first occurs. In taking action under this subsection, the Milwaukee Railroad may consult with the Secretary of Transportation. **(b)** (1) The Secretary of Transportation, under the authority of [section 333 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section333&num=0&edition=prelim), may develop plans, participate in negotiations, and recommend to the trustee proposals for the sale or transfer of any rail properties of the Milwaukee Railroad which are used in rail operations as of October 15, 1979. In taking action under this paragraph, the Secretary shall give preference to financially responsible persons, including governmental entities, negotiating for the purchase of any lines with the intent of providing common carrier service. (2) Any sale or transfer proposal developed under paragraph (1) of this subsection shall be submitted to the bankruptcy court. Such a proposal may in no event become final or effective until the occurrence of an event described in [section 920(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section920/b&num=0&edition=prelim), or April 1, 1980, whichever first occurs.

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

49 U.S.C. § 333 — Responsibility for rail transportation unifi-

Page 130 TITLE 49—TRANSPORTATION § 333 sociations in the minority business community. Each of those trade associations may submit a list of not more than 3 qualified individuals. (d) The United States Railway Association, the Consolidated Rail Corporation, and the Sec- retary shall provide the Center with relevant in- formation (including procurement schedules, bids, and specifications on particular mainte- nance, rehabilitation, restructuring, improve- ment, and revitalization projects) the Center re- quests in carrying out this section. (e) BONDING ASSISTANCE.— (1) IN GENERAL.—The Secretary, acting through the Minority Resource Center estab- lished under subsection (b), shall provide as- sistance in obtaining bid, payment, and per- formance bonds by disadvantaged business en- terprises pursuant to subsection (b)(4). (2) AUTHORIZATION OF APPROPRIATION.—There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out activities under this subsection. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2428; Pub. L. 109–59, title I, § 1951, Aug. 10, 2005, 119 Stat. 1514.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 332(a) ......... 49:1657a(e). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 11; added Feb. 5, 1976, Pub. L. 94–210, § 906(2), 90 Stat. 149. 332(b) ......... 49:1657a(a), (c). 332(c) ......... 49:1657a(b). 332(d) ......... 49:1657a(d). In subsection (b), before clause (1), the word ‘‘has’’ is substituted for ‘‘The Secretary shall, within 180 days after February 5, 1976, establish’’ because the time for establishing the Center has expired and the Center has been established. The words ‘‘The Department of Trans- portation’’ a

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