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49 U.S.C. § 10907 — Railroad development
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section, the term “financially responsible person” means a person who—
(1) is capable of paying the constitutional minimum value of the railroad line proposed to be acquired; and
(2) is able to assure that adequate transportation will be provided over such line for a period of not less than 3 years.
Such term includes a governmental authority but does not include a Class I or Class II rail carrier.
**(b)**
(1) When the Board finds that—
(A)
(i) the public convenience and necessity require or permit the sale of a particular railroad line under this section; or
(ii) a railroad line is on a system diagram map as required under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim), but the rail carrier owning such line has not filed an application to abandon such line under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim) before an application to purchase such line, or any required preliminary filing with respect to such application, is filed under this section; and
(B) an application to purchase such line has been filed by a financially responsible person,
the Board shall require the rail carrier owning the railroad line to sell such line to such financially responsible person at a price not less than the constitutional minimum value.
(2) For purposes of this subsection, the constitutional minimum value of a particular railroad line shall be presumed to be not less than the net liquidation value of such line or the going concern value of such line, whichever is greater.
**(c)**
(1) For purposes of this section, the Board may determine that the public convenience and nece
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Stable record: federal_law:legal_authorities:record_usc_c0fc8cecf427310bfee50217
Source file: Laws/federal/codes/united-states-code/title-49/section-10907-railroad-development--757b5b1e4c.md
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Source location: Title 49, Chapter 109, § 10907; chapter-109-licensing.md
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**(a)** In this section, the term “financially responsible person” means a person who—
(1) is capable of paying the constitutional minimum value of the railroad line proposed to be acquired; and
(2) is able to assure that adequate transportation will be provided over such line for a period of not less than 3 years.
Such term includes a governmental authority but does not include a Class I or Class II rail carrier.
**(b)**
(1) When the Board finds that—
(A)
(i) the public convenience and necessity require or permit the sale of a particular railroad line under this section; or
(ii) a railroad line is on a system diagram map as required under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim), but the rail carrier owning such line has not filed an application to abandon such line under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim) before an application to purchase such line, or any required preliminary filing with respect to such application, is filed under this section; and
(B) an application to purchase such line has been filed by a financially responsible person,
the Board shall require the rail carrier owning the railroad line to sell such line to such financially responsible person at a price not less than the constitutional minimum value.
(2) For purposes of this subsection, the constitutional minimum value of a particular railroad line shall be presumed to be not less than the net liquidation value of such line or the going concern value of such line, whichever is greater.
**(c)**
(1) For purposes of this section, the Board may determine that the public convenience and necessity require or permit the sale of a railroad line if the Board determines, after a hearing on the record, that—
(A) the rail carrier operating such line refuses within a reasonable time to make the necessary efforts to provide adequate service to shippers who transport traffic over such line;
(B) the transportation over such line is inadequate for the majority of shippers who transport traffic over such line;
(C) the sale of such line will not have a significantly adverse financial effect on the rail carrier operating such line;
(D) the sale of such line will not have an adverse effect on the overall operational performance of the rail carrier operating such line; and
(E) the sale of such line will be likely to result in improved railroad transportation for shippers that transport traffic over such line.
(2) In a proceeding under this subsection, the burden of proving that the public convenience and necessity require or permit the sale of a particular railroad line is on the person filing the application to acquire such line. If the Board finds under this subsection that the public convenience and necessity require or permit the sale of a particular railroad line, the Board shall concurrently notify the parties of such finding and publish such finding in the Federal Register.
**(d)** In the case of any railroad line subject to sale under subsection (a) of this section, the Board shall, upon the request of the acquiring carrier, require the selling carrier to provide to the acquiring carrier trackage rights to allow a reasonable interchange with the selling carrier or to move power equipment or empty rolling stock between noncontiguous feeder lines operated by the acquiring carrier. The Board shall require the acquiring carrier to provide the selling carrier reasonable compensation for any such trackage rights.
**(e)** The Board shall require, to the maximum extent practicable, the use of the employees who would normally have performed work in connection with a railroad line subject to a sale under this section.
**(f)** In the case of a railroad line which carried less than 3,000,000 gross ton miles of traffic per mile in the preceding calendar year, whenever a purchasing carrier under this section petitions the Board for joint rates applicable to traffic moving over through routes in which the purchasing carrier may practicably participate, the Board shall, within 30 days after the date such petition is filed and pursuant to [section 10705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10705/a&num=0&edition=prelim), require the establishment of reasonable joint rates and divisions over such route.
**(g)**
(1) Any person operating a railroad line acquired under this section may elect to be exempt from any of the provisions of this part, except that such a person may not be exempt from the provisions of chapter 107 of this title with respect to transportation under a joint rate.
(2) The provisions of paragraph (1) of this subsection shall apply to any line of railroad which was abandoned during the 18-month period immediately prior to October 1, 1980, and was subsequently purchased by a financially responsible person.
**(h)** If a purchasing carrier under this section proposes to sell or abandon all or any portion of a purchased railroad line, such purchasing carrier shall offer the right of first refusal with respect to such line or portion thereof to the carrier which sold such line under this section. Such offer shall be made at a price equal to the sum of the price paid by such purchasing carrier to such selling carrier for such line or portion thereof and the fair market value (less deterioration) of any improvements made, as adjusted to reflect inflation.
**(i)** Any person operating a railroad line acquired under this section may determine preconditions, such as payment of a subsidy, which must be met by shippers in order to obtain service over such lines, but such operator must notify the shippers on the line of its intention to impose such preconditions.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Motor Carrier Requirements.—**
(1) **Liability insurance requirement.—** — The Secretary may register a motor carrier under section 13902 only if the registrant files with the Secretary a bond, insurance policy, or other type of security approved by the Secretary, in an amount not less than such amount as the Secretary prescribes pursuant to, or as is required by, sections 31138 and 31139, and the laws of the State or States in which the registrant is operating, to the extent applicable. The security must be sufficient to pay, not more than the amount of the security, for each final judgment against the registrant for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of motor vehicles, or for loss or damage to property (except property referred to in paragraph (3) 11 See References in Text note below. of this subsection), or both. A registration remains in effect only as long as the registrant continues to satisfy the security requirements of this paragraph.
(2) **Security requirement.—** — Not later than 120 days after the date of enactment of the Unified Carrier Registration Act of 2005, any person, other than a motor private carrier, registered with the Secretary to provide transportation or service as a motor carrier under section 13905(b) shall file with the Secretary a bond, insurance policy, or other type of security approved by the Secretary, in an amount not less than required by sections 31138 and 31139.
(3) **Agency requirement.—** — A motor carrier shall comply with the requirements of sections 13303 and 13304. To protect the public, the Secretary may require any such motor carrier to file the type of security that a motor carrier is required to file under paragraph (1) of this subsection. This
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13906
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Carriers Responsible for Agents.—** Each motor carrier providing transportation of household goods shall be responsible for all acts or omissions of any of its agents which relate to the performance of household goods transportation services (including accessorial or terminal services) and which are within the actual or apparent authority of the agent from the carrier or which are ratified by the carrier.
**(b) Standard for Selecting Agents.—** Each motor carrier providing transportation of household goods shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services) and to fulfill the obligations imposed upon them by this part and by such carrier.
**(c) Enforcement.—**
(1) **Complaint.—** — Whenever the Secretary has reason to believe from a complaint or investigation that an agent providing household goods transportation services (including accessorial and terminal services) under the authority of a motor carrier providing transportation of household goods has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue to such agent a complaint stating the charges and containing notice of the time and place of a hearing which shall be held no later than 60 days after service of the complaint to such agent.
(2) **Right to defend.—** — The agent shall have the right to appear at such hearing and rebut the charges contained in the complaint.
(3) **Order.—** — If the agent does not appear at the hearing or if the Secretary finds tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13907
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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) In General.—** The Secretary shall register, subject to section 13906(b), a person to be a broker for transportation of property subject to jurisdiction under subchapter I of chapter 135, if the Secretary determines that the person—
(1) has sufficient experience to qualify the person to act as a broker for transportation; and
(2) is fit, willing, and able to be a broker for transportation and to comply with this part and applicable regulations of the Secretary.
**(b) Duration.—** A registration issued under subsection (a) shall only remain in effect while the broker for transportation is in compliance with section 13906(b).
**(c) Experience or Training Requirements.—** Each broker shall employ, as an officer, an individual who—
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.
**(d) Registration as Motor Carrier Required.—**
(1) **In general.—** — A broker for transportation may not provide transportation as a motor carrier unless the broker has registered separately under this chapter to provide transportation as a motor carrier.
(2) **Limitation.—** — This subsection does not apply to a motor carrier registered under this chapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other registered motor carriers, or with rail or water carriers.
**(e) Regulation to Protect Motor Carriers and Shippers.—** Regulations of the Secretary applicable to brokers registered under this section shall provide for the protection of motor carriers and shippers by motor vehicle.
**(f) Bond and Insurance.—** The Secretary may impose on brokers for
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13904
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary shall register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder if the Secretary determines that the person—
(1) has sufficient experience to qualify the person to act as a freight forwarder; and
(2) is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary.
**(b) Duration.—** A registration issued under subsection (a) shall only remain in effect while the freight forwarder is in compliance with section 13906(c).
**(c) Experience or Training Requirement.—** Each freight forwarder shall employ, as an officer, an individual who—
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.
**(d) Registration as Motor Carrier Required.—** A freight forwarder may not provide transportation as a motor carrier unless the freight forwarder has registered separately under this chapter to provide transportation as a motor carrier.
**(e) Update of Registration.—** The Secretary shall require a freight forwarder to update its registration under this section not later than 30 days after a change in the freight forwarder’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13903
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A rail carrier providing transportation subject to the jurisdiction of the Board under this part who intends to—
(A) abandon any part of its railroad lines; or
(B) discontinue the operation of all rail transportation over any part of its railroad lines,
must file an application relating thereto with the Board. An abandonment or discontinuance may be carried out only as authorized under this chapter.
(2) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part files an application, the application shall include—
(A) an accurate and understandable summary of the rail carrier’s reasons for the proposed abandonment or discontinuance;
(B) a statement indicating that each interested person is entitled to make recommendations to the Board on the future of the rail line; and
(C)
(i) a statement that the line is available for subsidy or sale in accordance with [section 10904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10904&num=0&edition=prelim), (ii) a statement that the rail carrier will promptly provide to each interested party an estimate of the annual subsidy and minimum purchase price, calculated in accordance with [section 10904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10904&num=0&edition=prelim), and (iii) the name and business address of the person who is authorized to discuss the subsidy or sale terms for the rail carrier.
(3) The rail carrier shall—
(A) send by certified mail notice of the application to the chief executive officer of each State that would be directly affected by the proposed abandonment or discontinuance;
(B) post a copy of the notice in each terminal and station on ea
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10903
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A person may provide transportation as a motor carrier subject to jurisdiction under subchapter I of chapter 135 or service as a freight forwarder subject to jurisdiction under subchapter III of such chapter, or service as a broker for transportation subject to jurisdiction under subchapter I of such chapter only if the person is registered under this chapter to provide such transportation or service.
**(b) Registration Numbers.—**
(1) **In general.—** — If the Secretary registers a person under this chapter to provide transportation or service, including as a motor carrier, freight forwarder, or broker, the Secretary shall issue a distinctive registration number to the person for each such authority to provide transportation or service for which the person is registered.
(2) **Transportation or service type indicator.—** — A number issued under paragraph (1) shall include an indicator of the type of transportation or service for which the registration number is issued, including whether the registration number is issued for registration of a motor carrier, freight forwarder, or broker.
**(c) Specification of Authority.—** For each agreement to provide transportation or service for which registration is required under this chapter, the registrant shall specify, in writing, the authority under which the person is providing such transportation or service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13901
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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
Nothing in section 10908 or 10909 is intended to affect the traditional police powers of the State to require a rail carrier to comply with State and local environmental, public health, and public safety standards that are not unreasonably burdensome to interstate commerce and do not discriminate against rail carriers.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10910
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Person Holding ICC Authority.—** Any person having authority to provide transportation or service as a motor carrier, freight forwarder, or broker under this title, as in effect on December 31, 1995, shall be deemed, for purposes of this part, to be registered to provide such transportation or service under this part.
**(b) Person Registered With Secretary.—**
(1) **In general.—** — Except as provided in paragraph (2), any person having registered with the Secretary to provide transportation or service as a motor carrier or motor private carrier under this title, as in effect on January 1, 2005, but not having registered pursuant to section 13902(a), shall be treated, for purposes of this part, to be registered to provide such transportation or service for purposes of sections 13908 and 14504a.
(2) **Exclusively intrastate operators.—** — Paragraph (1) does not apply to a motor carrier or motor private carrier (including a transporter of waste or recyclable materials) engaged exclusively in intrastate transportation operations.
**(c) Effective Period.—**
(1) **In general.—** — Except as otherwise provided in this part, each registration issued under section 13902, 13903, or 13904—
(A) shall be effective beginning on the date specified by the Secretary; and
(B) shall remain in effect for such period as the Secretary determines appropriate by regulation.
(2) **Reissuance of registration.—**
(A) *Requirement.—* — Not later than 4 years after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary shall require a freight forwarder or broker to renew its registration issued under this chapter.
(B) *Effective period.—* — Each registration renewal under subparagraph (A)—
(i) shall expire not later than 5
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13905
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