49 U.S.C. § 10101 — Rail transportation policy

Page 417 TITLE 49—TRANSPORTATION § 10101 State or a unit of local government under the program shall be not more than 80 percent. (g) TECHNICAL ASSISTANCE.—The Secretary, in consultation with the Undersecretary and the Director, shall develop a process to provide tech- nical assistance to Indian Tribes and under- served communities to assist in the project de- sign and grant process and procedures. (h) ADMINISTRATIVE EXPENSES.—Of the amounts made available for each fiscal year to carry out the program, the Secretary, the Un- dersecretary, and the Director may use not more than 2 percent to pay the administrative ex- penses necessary to carry out this section. (i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the program $800,000,000 for each of fiscal years 2022 through 2026. (Added Pub. L. 117–58, div. B, title I, § 21203(a), Nov. 15, 2021, 135 Stat. 676.) SUBTITLE IV—INTERSTATE TRANSPORTATION PART A—RAIL Chapter Sec. 101. GENERAL PROVISIONS ................... 10101 105. JURISDICTION ................................... 10501 107. RATES .................................................... 10701 109. LICENSING ........................................... 10901 111. OPERATIONS ....................................... 11101 113. FINANCE ............................................... 11301 115. FEDERAL-STATE RELATIONS ....... 11501 117. ENFORCEMENT: INVESTIGA- TIONS, RIGHTS, AND REM- EDIES ................................................. 11701 119. CIVIL AND CRIMINAL PEN- ALTIES ............................................... 11901 PART B—MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS Chapter Sec. 131. GENERAL PROVISIONS ................... 13101 133. ADMINISTRATIVE PROVISIONS ... 13301 135. JURISDICTION ................................... 13501 137. RATES AND THROUGH ROUTES .. 13701 139. REGISTRATION .................................. 13901 141. OPERATIONS OF CARRIERS .......... 14101 143. FINANCE ............................................... 14301 145. FEDERAL-STATE RELATIONS ....... 14501 147. ENFORCEMENT; INVESTIGA- TIONS; RIGHTS; REMEDIES ....... 14701 149. CIVIL AND CRIMINAL PEN- ALTIES ............................................... 14901 PART C—PIPELINE CARRIERS Chapter Sec. 151. GENERAL PROVISIONS ................... 15101 153. JURISDICTION ................................... 15301 155. RATES .................................................... 15501 157. OPERATIONS OF CARRIERS .......... 15701 159. ENFORCEMENT: INVESTIGA- TIONS, RIGHTS, AND REM- EDIES ................................................. 15901 161. CIVIL AND CRIMINAL PEN- ALTIES ............................................... 16101 PRIOR PROVISIONS A prior subtitle IV, consisting of chapters 101 to 119, related to interstate commerce, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Editorial Notes AMENDMENTS 1997—Pub. L. 105–102, § 2(5), Nov. 20, 1997, 111 Stat. 2204, struck out ‘‘AND TARIFFS’’ after ‘‘RATES’’ in item for chapter 155. PART A—RAIL CHAPTER 101—GENERAL PROVISIONS Sec. 10101. Rail transportation policy. 10102. Definitions. § 10101. Rail transportation policy In regulating the railroad industry, it is the policy of the United States Government— (1) to allow, to the maximum extent pos- sible, competition and the demand for services to establish reasonable rates for transpor- tation by rail; (2) to minimize the need for Federal regu- latory control over the rail transportation system and to require fair and expeditious reg- ulatory decisions when regulation is required; (3) to promote a safe and efficient rail trans- portation system by allowing rail carriers to earn adequate revenues, as determined by the Board; (4) to ensure the development and continu- ation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense; (5) to foster sound economic conditions in transportation and to ensure effective com- petition and coordination between rail car- riers and other modes; (6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital; (7) to reduce regulatory barriers to entry into and exit from the industry; (8) to operate transportation facilities and equipment without detriment to the public health and safety; (9) to encourage honest and efficient man- agement of railroads; (10) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability; (11) to encourage fair wages and safe and suitable working conditions in the railroad in- dustry; (12) to prohibit predatory pricing and prac- tices, to avoid undue concentrations of market power, and to prohibit unlawful discrimina- tion; (13) to ensure the availability of accurate cost information in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing such information; (14) to encourage and promote energy con- servation; and (15) to provide for the expeditious handling and resolution of all proceedings required or permitted to be brought under this part. Page 418 TITLE 49—TRANSPORTATION § 10102 (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 805.) Editorial Notes PRIOR PROVISIONS Prior sections 10101 and 10101a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Section 10101, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 96–296, § 4, July 1, 1980, 94 Stat. 793; Pub. L. 96–448, title I, § 101(b), Oct. 14, 1980, 94 Stat. 1898; Pub. L. 97–261, § 5, Sept. 20, 1982, 96 Stat. 1103; Pub. L. 103–311, title II, § 204, Aug. 26, 1994, 108 Stat. 1683, related to transportation policy. See sections 13101 and 15101 of this title. Section 10101a, added Pub. L. 96–448, title I, § 101(a), Oct. 14, 1980, 94 Stat. 1897, related to rail transportation policy. 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. SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–432, div. A, title VI, § 601, Oct. 16, 2008, 122 Stat. 4900, provided that: ‘‘This title [enacting sections 10908 to 10910 of this title and amending section 10501 of this title] may be cited as the ‘Clean Railroads Act of 2008’.’’ Pub. L. 110–291, § 1, July 30, 2008, 122 Stat. 2915, pro- vided that: ‘‘This Act [amending sections 13102, 13902, and 13905 of this title and enacting provisions set out as notes under section 13902 of this title] may be cited as the ‘Over-the-Road Bus Transportation Accessibility Act of 2007’.’’ SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–59, title IV, § 4201, Aug. 10, 2005, 119 Stat. 1751, provided that: ‘‘This subtitle [subtitle B (§§ 4201–4216) of title IV of Pub. L. 109–59, enacting sec- tions 14710, 14711, and 14915 of this title, amending sec- tions 13102, 13707, 13902, 14104, 14501, 14706, 14708, and 14901 of this title, and enacting provisions set out as notes under sections 13102, 14701, 14706, and 14710 of this title] may be cited as the ‘Household Goods Mover Oversight Enforcement and Reform Act of 2005’[.]’’ Pub. L. 109–59, title IV, § 4301, Aug. 10, 2005, 119 Stat. 1761, provided that: ‘‘This subtitle [subtitle C (§§ 4301–4308) of title IV of Pub. L. 109–59, enacting sec- tions 14504a and 14506 of this title, amending sections 13902, 13905, 13906, 13908, 31102, and 31103 of this title, re- pealing section 14504 of this title, and enacting provi- sions set out as notes under sections 13902 and 14504 of this title] may be cited as the ‘Unified Carrier Reg- istration Act of 2005’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–298, § 1, Nov. 26, 2002, 116 Stat. 2342, pro- vided that: ‘‘This Act [amending sections 13102, 13506, 14501, and 31138 of this title] may be cited as the ‘Real Interstate Driver Equity Act of 2002’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–521, § 1, Oct. 22, 1986, 100 Stat. 2993, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Surface Freight Forwarder Deregulation Act of 1986’.’’ SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–261, § 1, Sept. 20, 1982, 96 Stat. 1102, pro- vided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Bus Regulatory Reform Act of 1982’.’’ SHORT TITLE OF 1980 AMENDMENTS Pub. L. 96–454, § 1, Oct. 15, 1980, 94 Stat. 2011, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Household Goods Transportation Act of 1980’.’’ Pub. L. 96–448, § 1, Oct. 14, 1980, 94 Stat. 1895, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Staggers Rail Act of 1980’.’’ Pub. L. 96–296, § 1, July 1, 1980, 94 Stat. 793, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Motor Carrier Act of 1980’.’’ § 10102. Definitions In this part— (1) ‘‘Board’’ means the Surface Transpor- tation Board; (2) ‘‘car service’’ includes (A) the use, con- trol, supply, movement, distribution, ex- change, interchange, and return of loco- motives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier; (3) ‘‘control’’, when referring to a relation- ship between persons, includes actual control, legal control, and the power to exercise con- trol, through or by (A) common directors, offi- cers, stockholders, a voting trust, or a holding or investment company, or (B) any other means; (4) ‘‘person’’, in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person; (5) ‘‘rail carrier’’ means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation; (6) ‘‘railroad’’ includes— (A) a bridge, car float, lighter, ferry, and intermodal equipment used by or in connec- tion with a railroad; (B) the road used by a rail carrier and owned by it or operated under an agreement; and (C) a switch, spur, track, terminal, ter- minal facility, and a freight depot, yard, and ground, used or necessary for transpor- tation; (7) ‘‘rate’’ means a rate or charge for trans- portation; (8) ‘‘State’’ means a State of the United States and the District of Columbia; (9) ‘‘transportation’’ includes— (A) a locomotive, car, vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of pas- sengers or property, or both, by rail, regard- less of ownership or an agreement con- cerning use; and (B) services related to that movement, in- cluding receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of pas- sengers and property; and (10) ‘‘United States’’ means the States of the United States and the District of Columbia. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 806.)