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’’ are added because of the restatement of the section. The words ‘‘(hereafter in this section referred to as the ‘Center’)’’ after ‘‘Minority Resource Center’’ are omitted because of the style of the revised title. In subsection (b)(1), the word ‘‘include’’ is substituted for ‘‘establish and maintain’’, and the words ‘‘to dis- seminate information’’ are substituted for ‘‘and dis- seminate information from’’, for clarity. The words ‘‘to them . . . related to’’ are substituted for ‘‘to such en- trepreneurs and businesses . . . with respect to’’ to omit unnecessary words. The words ‘‘for purposes of furnishing . . . information’’ before ‘‘with respect to’’ are omitted as surplus. In subsection (b)(2), the words ‘‘those business oppor- tunities’’ are substituted for ‘‘such opportunities’’ after ‘‘identify’’ for clarity. In subsection (b)(4), the words ‘‘those business oppor- tunities’’ are substituted for ‘‘the maintenance, reha- bilitation, restructuring, improvement, and revitaliza- tion of the Nation’s railroads’’ to eliminate surplus words. In subsection (b)(5), the words ‘‘related to the mainte- nance, rehabilitation, restructuring, improvement, and revitalization of the nation’s railroads’’ are omitted as unnecessary because of the restatement. In subsection (b)(7), the words ‘‘make arrangements’’ are substituted for ‘‘enter into such contracts, coopera- tive agreements, or other transactions’’ to eliminate unnecessary words. The words ‘‘as may be necessary’’ after ‘‘transactions’’ are omitted as surplus. The words ‘‘to carry out this section’’ are substituted for ‘‘in the conduct of its functions and duties’’ for clarity and consistency. In subsection (c), the words ‘‘The Secretary shall make the appointments’’ and the words ‘‘Each of those trade associations may submit a list of not more than’’ are added for clarity and because of the restatement of the section. In subsection (d), the words ‘‘in carrying out this sec- tion’’ are substituted for ‘‘in connection with the per- formance of its functions’’ for clarity and consistency. Editorial Notes AMENDMENTS 2005—Subsec. (e). Pub. L. 109–59 added subsec. (e). Statutory Notes and Related Subsidiaries ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES The United States Railway Association abolished ef- fective Apr. 1, 1987, all powers, duties, rights, and obli- gations of Association relating to Consolidated Rail Corporation under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to Sec- retary of Transportation on Jan. 1, 1987, and any securi- ties of Corporation held by Association transferred to Secretary of Transportation on Oct. 21, 1986, see section 1341 of Title 45, Railroads. § 333. Responsibility for rail transportation unifi- cation and coordination projects (a) The Secretary of Transportation may de- velop 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 ac- quisition 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, nego- tiating, and carrying out a unification or coordi- nation of operations and facilities of at least 2 rail carriers. (c)(1) The Secretary may conduct studies to determine the potential cost savings and pos- sible improvements in the quality of rail trans- portation that are likely to result from unifica- tion 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 ex- penses; 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 car- rying out this section, the Secretary may des- ignate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of Page 131 TITLE 49—TRANSPORTATION § 336 property. This information may be obtained without the consent of the consignor or con- signee notwithstanding section 11904 of this title. 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 Sec- retary. (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 in- vite 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 Transpor- tation 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 con- ference on a proposed unification or coordina- tion 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 deter- mine a plan of action to carry out the unifica- tion 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 Trans- portation Board under section 11323(a) of this title, the Secretary may study the proposal to decide whether it satisfies section 11324(b) of this title. 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. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2429; Pub. L. 104–88, title III, § 308(b), Dec. 29, 1995, 109 Stat. 946; Pub. L. 112–141, div. C, title II, § 32932(a)(3), (4), July 6, 2012, 126 Stat. 829.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 333(a) ......... 49:1654(a). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(a)–(e); added Feb. 5, 1976, Pub. L. 94–210, § 401, 90 Stat. 61. 333(b) ......... 49:1654(b). 333(c) ......... 49:1654(c). 333(d) ......... 49:1654(d). 333(e) ......... 49:1654(e). In the section, the word ‘‘transportation’’ is sub- stituted for ‘‘services’’ for consistency. In subsection (a), the words ‘‘feasible’’ and ‘‘but not limited to’’ are omitted as surplus. In subsection (b), the words ‘‘In order’’ are omitted as surplus. The words ‘‘at least 2’’ are substituted for ‘‘two or more’’ for consistency. In subsection (c)(1), the words ‘‘as are deemed’’ are omitted as unnecessary. In subsection (c)(2), the words ‘‘and the study de- scribed in section 901 of the Railroad Revitalization and Regulatory Reform Act of 1976’’ and ‘‘or such section 901’’ are omitted as executed. The word ‘‘nature’’ is omitted as covered by ‘‘kind’’. The word ‘‘When’’ is sub- stituted for ‘‘to the extent’’ for consistency. The word ‘‘necessary’’ is omitted as being included in ‘‘appro- priate’’. A cross-reference to section 203(c) of the Re- gional Rail Reorganization Act of 1973 is included even though the law is unclear because section 1149 of the Omnibus Reconciliation Act of 1981 (Pub. L. 97–35, 95 Stat. 675) amended section 203 to repeal the powers re- ferred to in the source provisions. No position is taken as to whether the powers described in section 203(c) are still in existence. In subsection (d)(1)(A), the word ‘‘appropriate’’ is omitted as surplus. In subsection (d)(1)(C), the words ‘‘representatives of’’ are added for consistency in the section. In subsection (e), the words ‘‘in his judgment’’ are omitted as unnecessary and covered by ‘‘decide’’. The word ‘‘satisfies’’ is substituted for ‘‘is in accordance with the standards set forth in’’ to eliminate unneces- sary words. Editorial Notes REFERENCES IN TEXT Section 203 of the Regional Rail Reorganization Act of 1973, referred to in subsec. (c)(2), which is classified to section 713 of Title 45, Railroads, was amended gen- erally by Pub. L. 97–35, title XI, § 1149, Aug. 13, 1981, 95 Stat. 675, and as so amended does not contain a subsec. (c). For further details, see the fifth par. of Historical and Revision Notes above. AMENDMENTS 2012–Subsec. (d)(1)(C). Pub. L. 112–141, § 32932(a)(3), substituted ‘‘Surface Transportation Board’’ for ‘‘Inter- state Commerce Commission’’. Subsec. (e). Pub. L. 112–141, § 32932(a)(4), substituted ‘‘Surface Transportation Board’’ for ‘‘Interstate Com- merce Commission’’ and ‘‘Board’’ for ‘‘Commission’’. 1995—Subsec. (c)(2). Pub. L. 104–88, § 308(b)(1), sub- stituted ‘‘11904’’ for ‘‘11910(a)(1)’’. Subsec. (e). Pub. L. 104–88, § 308(b)(2), substituted ‘‘11323(a)’’ for ‘‘11343(a)’’ and ‘‘11324(b)’’ for ‘‘11344(b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title. [§§ 334, 335. Repealed. Pub. L. 103–272, § 4(j)(9)(A), July 5, 1994, 108 Stat. 1367] Section 334, Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2430; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–223, title III, § 304, Dec. 30, 1987, 101 Stat. 1525; Pub. L. 100–690, title VII, § 7207(c)(3), Nov. 18, 1988, 102 Stat. 4428, related to a limit on aviation charges. See section 45301 of this title. Section 335, Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2430, authorized appropriations to the Secretary of Transportation for fiscal years ending Sept. 30, 1983, and Sept. 30, 1984. § 336. Civil penalty procedures (a) After notice and an opportunity for a hear- ing, a person found by the Secretary of Trans- portation to have violated a provision of law that the Secretary carries out through the Mari- time Administrator or the Commandant of the Coast Guard or a regulation prescribed under