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

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

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Source file: Laws/federal/codes/united-states-code/title-49/section-11904-unlawful-disclosure-of-information--b8233d6e04.md
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Source location: Title 49, Chapter 119, § 11904; chapter-119-civil-and-criminal-penalties.md

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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. § 11163 — Cost availability

As required by the rules of the Board governing discovery in Board proceedings, rail carriers shall make relevant cost data available to shippers, States, ports, communities, and other interested parties that are a party to a Board proceeding in which such data are required.

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

49 U.S.C. § 14904 — Additional rate violations

**(a) Rebates by Agents.—** A person, or an officer, employee, or agent of that person, that— (1) offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under subchapter I of chapter 135; or (2) by any means assists or permits another person to get transportation that is subject to jurisdiction under that subchapter at less than the rate in effect for that transportation under section 13702, is liable to the United States for a civil penalty of $200 for the first violation and $250 for a subsequent violation. **(b) Undercharging.—** (1) **Freight forwarder.—** — A freight forwarder providing service subject to jurisdiction under subchapter III of chapter 135, or an officer, agent, or employee of that freight forwarder, that assists a person in getting, or willingly permits a person to get, service provided under that subchapter at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation. (2) **Others.—** — A person that by any means gets, or attempts to get, service provided under subchapter III of chapter 135 at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.

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

49 U.S.C. § 11144 — Records: form; inspection; preservation

**(a)** The Board may prescribe the form of records required to be prepared or compiled under this subchapter— (1) by rail carriers and lessors, including records related to movement of traffic and receipts and expenditures of money; and (2) by persons furnishing cars to or for a rail carrier providing transportation subject to the jurisdiction of the Board under this part to the extent related to those cars or that service. **(b)** The Board, or an employee designated by the Board, may on demand and display of proper credentials— (1) inspect and examine the lands, buildings, and equipment of a rail carrier or lessor; and (2) inspect and copy any record of— (A) a rail carrier, lessor, or association; (B) a person controlling, controlled by, or under common control with a rail carrier if the Board considers inspection relevant to that person’s relation to, or transaction with, that rail carrier; and (C) a person furnishing cars to or for a rail carrier if the Board prescribed the form of that record. **(c)** The Board may prescribe the time period during which operating, accounting, and financial records must be preserved by rail carriers, lessors, and persons furnishing cars.

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

49 U.S.C. § 10709 — Contracts

**(a)** One or more rail carriers providing transportation subject to the jurisdiction of the Board under this part may enter into a contract with one or more purchasers of rail services to provide specified services under specified rates and conditions. **(b)** A party to a contract entered into under this section shall have no duty in connection with services provided under such contract other than those duties specified by the terms of the contract. **(c)** (1) A contract that is authorized by this section, and transportation under such contract, shall not be subject to this part, and may not be subsequently challenged before the Board or in any court on the grounds that such contract violates a provision of this part. (2) The exclusive remedy for any alleged breach of a contract entered into under this section shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree. This section does not confer original jurisdiction on the district courts of the United States based on section 1331 or 1337 of title 28, United States Code. **(d)** (1) A summary of each contract for the transportation of agricultural products (including grain, as defined in section 3 of the United States Grain Standards Act ([7 U.S.C. 75](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section75&num=0&edition=prelim)) and products thereof) entered into under this section shall be filed with the Board, containing such nonconfidential information as the Board prescribes. The Board shall publish special rules for such contracts in order to ensure that the essential terms of the contract are available to the general public. (2) Documents, papers, and records (and any copies thereof) relating to a contract described in s

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

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

**(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, o

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 333

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

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

Page 463 TITLE 49—TRANSPORTATION § 11906 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11903, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457, related to rate, discrimination, and tariff violations, prior to the general amendment of this sub- title by Pub. L. 104–88, § 102(a). See section 14903 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 11904. Unlawful disclosure of information (a) A— (1) rail carrier providing transportation sub- ject 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 re- ceives, 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, quan- tity, destination, consignee, or routing of prop- erty tendered or delivered to that rail carrier for transportation provided under this part, or in- formation about the contents of a contract au- thorized under section 10709 of this title, that may be used to the detriment of the shipper or consignee or may disclose improperly, to a com- petitor, the business transactions of the shipper or consignee. (c) This part does not prevent

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