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49 U.S.C. § 10501 — General jurisdiction

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

49 U.S.C. § 10501 — General jurisdiction

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Stable record: federal_law:legal_authorities:record_usc_f43c33f47b57ef97ec26fc51
Source file: Laws/federal/codes/united-states-code/title-49/section-10501-general-jurisdiction--071db38f98.md
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Source location: Title 49, Chapter 105, § 10501; chapter-105-jurisdiction.md

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**(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 given that term by [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5302&num=0&edition=prelim); and (ii) includes a person or entity that contracts with the local governmental authority to provide transportation services; and (B) the term “public transportation” means transportation services described in [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5302&num=0&edition=prelim) that are provided by rail. (2) Except as provided in paragraph (3), the Board does not have jurisdiction under this part over— (A) public transportation provided by a local government authority; or (B) a solid waste rail transfer facility as defined in [section 10908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10908&num=0&edition=prelim), except as provided under sections 10908 and 10909 of this title. (3) (A) Notwithstanding paragraph (2) of this subsection, a local governmental authority, described in paragraph (2), is subject to applicable laws of the United States related to— (i) safety; (ii) the representation of employees for collective bargaining; and (iii) employment, retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers. (B) The Board has jurisdiction under sections 11102 and 11103 of this title over transportation provided by a local governmental authority only if the Board finds that such governmental authority meets all of the standards and requirements for being a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission that were in effect immediately before January 1, 1996. The enactment of the ICC Termination Act of 1995 shall neither expand nor contract coverage of employees and employers by the Railway Labor Act, the Railroad Retirement Act of 1974, the Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act.

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

49 U.S.C. § 10908 — Regulation of solid waste rail transfer facilities

**(a) In General.—** Each solid waste rail transfer facility shall be subject to and shall comply with all applicable Federal and State requirements, both substantive and procedural, including judicial and administrative orders and fines, respecting the prevention and abatement of pollution, the protection and restoration of the environment, and the protection of public health and safety, including laws governing solid waste, to the same extent as required for any similar solid waste management facility, as defined in section 1004(29) of the Solid Waste Disposal Act ([42 U.S.C. 6903(29)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/29&num=0&edition=prelim)) 11 So in original. Probably should be followed by a comma. that is not owned or operated by or on behalf of a rail carrier, except as provided for in section 10909 of this chapter. **(b) Existing Facilities.—** (1) **State laws and standards.—** — Not later than 90 days after the date of enactment of the Clean Railroads Act of 2008, a solid waste rail transfer facility operating as of such date of enactment shall comply with all Federal and State requirements pursuant to subsection (a) other than those provisions requiring permits. (2) **Permit requirements.—** (A) *State non-siting permits.—* — Any solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a permit required pursuant to subsection (a), other than a siting permit for the facility, as of the date of enactment of the Clean Railroads Act of 2008 shall not be required to possess any such permits in order to operate the facility— (i) if, within 180 days after such date of enactment, the solid waste rail transfer facility has submitted, in g

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49 U.S.C. § 101 — Purpose

**(a)** The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States. **(b)** A Department of Transportation is necessary in the public interest and to— (1) ensure the coordinated and effective administration of the transportation programs of the United States Government; (2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible; (3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives; (4) stimulate technological advances in transportation, through research and development or otherwise; (5) provide general leadership in identifying and solving transportation problems; and (6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

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

45 U.S.C. § 231t — Short title

This subchapter may be cited as the “Railroad Retirement Act of 1974”.

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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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45 U.S.C. § 231 — Definitions

For the purposes of this subchapter— **(a)** (1) The term “employer” shall include— (i) any carrier by railroad subject to the jurisdiction of the Surface Transportation Board under part A of subtitle IV of title 49; (ii) any company which is directly or indirectly owned or controlled by, or under common control with, one or more employers as defined in paragraph (i) of this subdivision, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad; (iii) any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any employer as defined in paragraph (i) or (ii) of this subdivision; (iv) any railroad association, traffic association, tariff bureau, demurrage bureau, weighing and inspection bureau, collection agency and any other association, bureau, agency, or organization which is controlled and maintained wholly or principally by two or more employers as defined in paragraph (i), (ii), or (iii) of this subdivision and which is engaged in the performance of services in connection with or incidental to railroad transportation; and (v) any railway labor organization, national in scope, which has been or may be organized in accordance with the provisions of the Railway Labor Act, as amended [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], and its State and National

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

49 U.S.C. § 5302 — Definitions

Except as otherwise specifically provided, in this chapter the following definitions apply: (1) **Assault on a transit worker.—** — The term “assault on a transit worker” means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker. (2) **Associated transit improvement.—** — The term “associated transit improvement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are— (A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service; (B) bus shelters; (C) functional landscaping and streetscaping, including benches, trash receptacles, and street lights; (D) pedestrian access and walkways; (E) bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles; (F) signage; or (G) enhanced access for persons with disabilities to public transportation. (3) **Bus rapid transit system.—** — The term “bus rapid transit system” means a bus transit system— (A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and (B) that includes features that e

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26 U.S.C. § 3233 — Short title

This chapter may be cited as the “Railroad Retirement Tax Act.”

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

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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45 U.S.C. § 151 — Definitions; short title

When used in this chapter and for the purposes of this chapter—

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45 U.S.C. § 367 — Short title

This chapter may be cited as the “Railroad Unemployment Insurance Act”.

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