Browse Arkansas Code titles and sections
45 U.S.C. § 802 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
Page 221
TITLE 45—RAILROADS
§ 802
(2) foster competition among all carriers by
railroad and other modes of transportation, to
promote more adequate and efficient transpor-
tation
services,
and
to
increase
the
attractiveness of investing in railroads and
rail-service-related enterprises;
(3) permit railroads greater freedom to raise
or lower rates for rail services in competitive
markets;
(4) promote the establishment of railroad
rate structures which are more sensitive to
changes in the level of seasonal, regional, and
shipper demand;
(5) promote separate pricing of distinct rail
and rail-related services;
(6) formulate standards and guidelines for
determining adequate revenue levels for rail-
roads; and
(7) modernize and clarify the functions of
railroad rate bureaus.
(Pub. L. 94–210, title I, § 101, Feb. 5, 1976, 90 Stat.
33; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(A),
Nov. 15, 2021, 135 Stat. 691.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 94–210,
Feb. 5, 1976, 90 Stat. 31, known as the Railroad Revital-
ization and Regulatory Reform Act of 1976. For com-
plete classification of this Act to the Code, see Short
Title note set out below and Tables.
AMENDMENTS
2021—Subsec. (a). Pub. L. 117–58, § 21301(j)(3)(A)(i), sub-
stituted ‘‘The purpose of this Act and chapter 224 of
title 49, United States Code, is to’’ for ‘‘It is the pur-
pose of the Congress in this Act to’’ in introductory
provisions.
Subsec. (b). Pub. L. 117–58, § 21301(j)(3)(A)(ii), sub-
stituted ‘‘The policy of this Act and chapter 224 of title
49, United States Code, is’’ for ‘‘It is declared to be the
policy of the Congress in this Act’’ in introductory pro-
visions.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 20
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Page 221
TITLE 45—RAILROADS
§ 802
(2) foster competition among all carriers by
railroad and other modes of transportation, to
promote more adequate and efficient transpor-
tation
services,
and
to
increase
the
attractiveness of investing in railroads and
rail-service-related enterprises;
(3) permit railroads greater freedom to raise
or lower rates for rail services in competitive
markets;
(4) promote the establishment of railroad
rate structures which are more sensitive to
changes in the level of seasonal, regional, and
shipper demand;
(5) promote separate pricing of distinct rail
and rail-related services;
(6) formulate standards and guidelines for
determining adequate revenue levels for rail-
roads; and
(7) modernize and clarify the functions of
railroad rate bureaus.
(Pub. L. 94–210, title I, § 101, Feb. 5, 1976, 90 Stat.
33; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(A),
Nov. 15, 2021, 135 Stat. 691.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 94–210,
Feb. 5, 1976, 90 Stat. 31, known as the Railroad Revital-
ization and Regulatory Reform Act of 1976. For com-
plete classification of this Act to the Code, see Short
Title note set out below and Tables.
AMENDMENTS
2021—Subsec. (a). Pub. L. 117–58, § 21301(j)(3)(A)(i), sub-
stituted ‘‘The purpose of this Act and chapter 224 of
title 49, United States Code, is to’’ for ‘‘It is the pur-
pose of the Congress in this Act to’’ in introductory
provisions.
Subsec. (b). Pub. L. 117–58, § 21301(j)(3)(A)(ii), sub-
stituted ‘‘The policy of this Act and chapter 224 of title
49, United States Code, is’’ for ‘‘It is declared to be the
policy of the Congress in this Act’’ in introductory pro-
visions.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2015 AMENDMENT
Pub. L. 114–94, div. A, title XI, § 11601(a), Dec. 4, 2015,
129 Stat. 1693, provided that: ‘‘This subtitle [subtitle F
(§§ 11601–11611) of title XI of div. A of Pub. L. 114–94,
amending sections 821 to 823 of this title and enacting
provisions set out as notes under section 821 of this
title] may be cited as the ‘Railroad Infrastructure Fi-
nancing Improvement Act’.’’
SHORT TITLE
Pub. L. 94–210, § 1, Feb. 5, 1976, 90 Stat. 31, provided in
part that this Act [enacting this chapter and sections
726 and 745 to 747 of this title, and sections 1a, 5c, 26b,
26c, 1613, 1653a, 1654, and 1657a of former Title 49, Trans-
portation, amending sections 543, 545, 546, 562 to 564, 702,
711 to 713, 715, 716, 718 to 721, 724, 725, 741, 743, 744, 762,
763, 771, 772, 774, 775, 778, 779, and 791 of this title, sec-
tions 77c, 77s, 78m, and 80a–3 of Title 15, Commerce and
Trade, sections 11 and 856 of former Title 31, Money and
Finance, and sections 1, 1a, 5, 5b, 6, 12, 13, 15, 15a, 17, 20,
27, 314, 1653, 1658, and 1659 of former Title 49, repealing
sections 761 to 762 of this title, enacting provisions set
out as notes under sections 745, 761, 791, and 793 of this
title, sections 77c and 80a–3 of Title 15, and sections 1,
1a, 5b, 5c, 17, and 1654 of former Title 49, and amending
notes set out under section 1651 of former Title 49] may
be cited as the ‘‘Railroad Revitalization and Regu-
latory Reform Act of 1976’’.
§ 802. Definitions
As used in this Act, unless the context other-
wise indicates, the term—
(1) ‘‘Association’’ means the United States
Railway Association;
(2) ‘‘Commission’’ means the Interstate
Commerce Commission;
(3) ‘‘Corporation’’ means the Consolidated
Rail Corporation;
(4) ‘‘final system plan’’ means the final sys-
tem plan and any additions thereto adopted by
the Association pursuant to the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 701 et
seq.);
(5) ‘‘includes’’ and variants thereof should be
read as if the phrase ‘‘but is not limited to’’
were also set forth;
(6) ‘‘Office’’ means the Rail Services Plan-
ning Office of the Commission;
(7) ‘‘railroad’’ has the meaning given that
term in section 20102 of title 49; and
(8) ‘‘Secretary’’ means the Secretary of
Transportation or his designated representa-
tive.
(Pub. L. 94–210, title I, § 102, Feb. 5, 1976, 90 Stat.
33; Pub. L. 97–468, title VI, § 615(b)(2), Jan. 14,
1983, 96 Stat. 2578; Pub. L. 104–88, title III,
§ 330(1), Dec. 29, 1995, 109 Stat. 953; Pub. L. 109–59,
title IX, § 9003(a), Aug. 10, 2005, 119 Stat. 1921.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 94–210,
Feb. 5, 1976, 90 Stat. 31, known as the Railroad Revital-
ization and Regulatory Reform Act of 1976. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 801 of this title and Ta-
bles.
The Regional Rail Reorganization Act of 1973, re-
ferred to in par. (4), is Pub. L. 93–236, Jan. 2, 1974, 87
Stat. 985, which is classified principally to chapter 16
(§ 701 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 701 of this title and Tables.
AMENDMENTS
2005—Par. (7). Pub. L. 109–59 amended par. (7) gen-
erally. Prior to amendment, par. (7) read as follows:
‘‘ ‘railroad’ means a rail carrier subject to part A of
subtitle IV of title 49, and includes the National Rail-
road Passenger Corporation; and’’.
1995—Par. (7). Pub. L. 104–88 substituted ‘‘rail carrier
subject to part A of subtitle IV of title 49’’ for ‘‘com-
mon carrier by railroad or express, as defined in section
1(3) of the Interstate Commerce Act (49 U.S.C. 1(3))’’.
1983—Par. (7). Pub. L. 97–468 struck out ‘‘and the
Alaska Railroad’’ before the semicolon at end.
Statutory Notes and Related Subsidiaries
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 Title 49, Transpor-
tation.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97–468 effective on date of
transfer of Alaska Railroad to the State [Jan. 5, 1985],
pursuant to section 1203 of this title, see section 615(b)
of Pub. L. 97–468.
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND
TRANSFER OF FUNCTIONS
Interstate Commerce Commission abolished and func-
tions of Commission transferred, except as otherwise
Page 222
TITLE 45—RAILROADS
§ 803
provided in Pub. L. 104–88, to Surface Transportation
Board effective Jan. 1, 1996, by section 1302 of Title 49,
Transportation, and section 101 of Pub. L. 104–88, set
out as a note under section 1301 of Title 49. References
to Interstate Commerce Commission deemed to refer to
Surface Transportation Board, a member or employee
of the Board, or Secretary of Transportation, as appro-
priate, see section 205 of Pub. L. 104–88, set out as a
note under section 1301 of Title 49.
ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND
TRANSFER OF FUNCTIONS AND SECURITIES
See section 1341 of this title.
§ 803. Repealed. Pub. L. 97–449, § 7(b), Jan. 12,
1983, 96 Stat. 2443
Section, Pub. L. 94–210, title IX, § 905, Feb. 5, 1976, 90
Stat. 148, directed that no person in the United States
be discriminated against on the basis of race, color, na-
tional origin, or sex with regard to any activity funded
in whole or in part under this Act and provided for cut-
off of funds to and civil action against any person who
persisted in failure to comply. See section 306 of Title
49, Transportation.
SUBCHAPTER II—RAILROAD REHABILITA-
TION AND IMPROVEMENT FINANCING
§§ 821 to 823. Repealed. Pub. L. 117–58, div. B,
title I, § 21301(b)(1)(A), Nov. 15, 2021, 135 Stat.
683
Section 821, Pub. L. 94–210, title V, § 501, as added Pub.
L. 105–178, title VII, § 7203(a)(1), June 9, 1998, 112 Stat.
471; amended Pub. L. 114–94, div. A, title XI, § 11602, Dec.
4, 2015, 129 Stat. 1693, defined terms for purposes of this
subchapter. See section 22401 of Title 49, Transpor-
tation.
A prior section 821, Pub. L. 94–210, title V, § 501, Feb.
5, 1976, 90 Stat. 66; Pub. L. 95–620, title VIII, § 803(c)(1),
Nov. 9, 1978, 92 Stat. 3347; Pub. L. 96–101, § 24(b), Nov. 4,
1979, 93 Stat. 747; Pub. L. 96–448, title IV, § 405(d), Oct.
14, 1980, 94 Stat. 1947; Pub. L. 97–35, title XI, § 1162(b),
Aug. 13, 1981, 95 Stat. 684; Pub. L. 99–509, title IV,
§ 4033(c)(2), Oct. 21, 1986, 100 Stat. 1908, defined terms for
purposes of this subchapter, prior to repeal by Pub. L.
105–178, title VII, § 7203(a)(1), June 9, 1998, 112 Stat. 471.
Section 822, Pub. L. 94–210, title V, § 502, as added Pub.
L. 105–178, title VII, § 7203(a)(1), June 9, 1998, 112 Stat.
473; amended Pub. L. 109–59, title IX, § 9003(b)–(g), Aug.
10, 2005, 119 Stat. 1921–1923; Pub. L. 110–432, div. A, title
VII, § 701(e), Oct. 16, 2008, 122 Stat. 4906; Pub. L. 114–94,
div. A, title XI, §§ 11603–11605(a), 11606, 11607(a), 11608,
11609, Dec. 4, 2015, 129 Stat. 1694, 1695, 1697–1700; Pub. L.
116–94, div. H, title I, § 192, Dec. 20, 2019, 133 Stat. 2972;
Pub. L. 116–159, div. B, title I, § 1104(b), Oct. 1, 2020, 134
Stat. 727, related to direct loans and loan guarantees.
See section 22402 of Title 49, Transportation.
A prior section 822, Pub. L. 94–210, title V, § 502, Feb.
5, 1976, 90 Stat. 67; Pub. L. 95–620, title VIII,
§ 803(c)(2)–(4), Nov. 9, 1978, 92 Stat. 3347, related to the
Rail Fund, prior to repeal by Pub. L. 105–178, title VII,
§ 7203(a)(1), June 9, 1998, 112 Stat. 471.
Section 823, Pub. L. 94–210, title V, § 503, as added and
amended Pub. L. 105–178, title VII, § 7203(a)(1), (4), June
9, 1998, 112 Stat. 475, 477; Pub. L. 109–59, title IX,
§ 9003(h), (i), Aug. 10, 2005, 119 Stat. 1923; Pub. L. 114–94,
div. A, title XI, § 11605(b), Dec. 4, 2015, 129 Stat. 1695;
Pub. L. 115–56, div. D, § 164(b), as added Pub. L. 115–123,
div. B, § 20101(2), Feb. 9, 2018, 132 Stat. 121, related to ad-
ministration of direct loans and loan guarantees. See
section 22403 of Title 49, Transportation.
A prior section 823, Pub. L. 94–210, title V, § 503, Feb.
5, 1976, 90 Stat. 69; Pub. L. 94–555, title II, § 216(b), Oct.
19, 1976, 90 Stat. 2627, related to classification and des-
ignation of rail lines, prior to repeal by Pub. L. 105–178,
title VII, § 7203(a)(1), June 9, 1998, 112 Stat. 471.
Statutory Notes and Related Subsidiaries
SAVINGS PROVISION
Pub. L. 117–58, div. B, title I, § 21301(b)(2), Nov. 15, 2021,
135 Stat. 683, provided that: ‘‘The repeals under para-
graph (1) [repealing this section and sections 822, 823,
and 836 of this title] shall not affect the rights and du-
ties that matured under the repealed sections, the pen-
alties that were incurred under such sections, or any
proceeding authorized under any such section that
commenced before the date of enactment of this Act
[Nov. 15, 2021].’’
SUBSTANTIVE CRITERIA AND STANDARDS
Pub. L. 109–59, title IX, § 9003(j), Aug. 10, 2005, 119 Stat.
1923, which related to the substantive criteria and
standards used by the Secretary of Transportation to
determine whether to approve or disapprove applica-
tions submitted under former section 822 of this title,
was repealed by Pub. L. 117–58, div. B, title I,
§ 21301(b)(1)(B), Nov. 15, 2021, 135 Stat. 683.
§§ 824, 825. Repealed. Pub. L. 105–178, title VII,
§ 7203(a)(1), (2), June 9, 1998, 112 Stat. 471,
477
Section 824, Pub. L. 94–210, title V, § 504, Feb. 5, 1976,
90 Stat. 70; Pub. L. 94–555, title II, §§ 216(c), 220(d), Oct.
19, 1976, 90 Stat. 2627, 2629, related to capital needs
study to be submitted to Secretary.
Section 825, Pub. L. 94–210, title V, § 505, Feb. 5, 1976,
90 Stat. 71; Pub. L. 94–555, title II, §§ 212, 216(a), Oct. 19,
1976, 90 Stat. 2624, 2626; Pub. L. 95–565, § 5, Nov. 1, 1978,
92 Stat. 2400; Pub. L. 95–607, title III, §§ 301(a), 302, Nov.
8, 1978, 92 Stat. 3066; Pub. L. 95–620, title VIII, § 803(c)(5),
(6), Nov. 9, 1978, 92 Stat. 3347, 3348; Pub. L. 96–73, title
IV, § 401, Sept. 29, 1979, 93 Stat. 557; Pub. L. 96–101, §§ 16,
24(a), Nov. 4, 1979, 93 Stat. 744, 747; Pub. L. 96–254, title
I, § 112, May 30, 1980, 94 Stat. 404; Pub. L. 96–448, title IV,
§§ 404, 405(a)(1), (c)(1), (2), (4), (5), 406, title VII, § 701(d),
Oct. 14, 1980, 94 Stat. 1945–1947, 1961; Pub. L. 97–35, title
XI, § 1162(a), (c), (d), Aug. 13, 1981, 95 Stat. 683, 684; Pub.
L. 97–468, title IV, §§ 401, 403(b), Jan. 14, 1983, 96 Stat.
2550, 2551; Pub. L. 99–509, title IV, § 4033(c)(3), Oct. 21,
1986, 100 Stat. 1908; Pub. L. 104–88, title III, § 330(2), Dec.
29, 1995, 109 Stat. 953, related to rehabilitation and im-
provement financing.
§ 825a.
Repealed.
Pub.
L.
99–509,
title
IV,
§ 4033(c)(6), Oct. 21, 1986, 100 Stat. 1909
Section, Pub. L. 97–468, title IV, § 402, Jan. 14, 1983, 96
Stat. 2550, provided for financial assistance to respon-
sible persons for purchase, lease, or rehabilitation of
rail lines of Consolidated Rail Corporation.
§§ 826 to 830. Repealed. Pub. L. 105–178, title VII,
§ 7203(a)(2), June 9, 1998, 112 Stat. 477
Section 826, Pub. L. 94–210, title V, § 506, Feb. 5, 1976,
90 Stat. 73; Pub. L. 94–555, title II, §§ 213, 214, Oct. 19,
1976, 90 Stat. 2624, 2625; Pub. L. 96–448, title IV,
§ 405(c)(3)(A), (C), Oct. 14, 1980, 94 Stat. 1946, 1947, related
to redeemable preference shares.
Section 827, Pub. L. 94–210, title V, § 507, Feb. 5, 1976,
90 Stat. 74; Pub. L. 95–607, title III, § 301(b), Nov. 8, 1978,
92 Stat. 3066; Pub. L. 96–73, title IV, § 401, Sept. 29, 1979,
93 Stat. 557; Pub. L. 96–448, title IV, §§ 404, 405(a)(2),
(c)(3)(B), Oct. 14, 1980, 94 Stat. 1945, 1946; Pub. L. 97–468,
title IV, § 401, Jan. 14, 1983, 96 Stat. 2550, related to fund
anticipation notes.
Section 828, Pub. L. 94–210, title V, § 508, Feb. 5, 1976,
90 Stat. 74, related to fund bonds.
Section 829, Pub. L. 94–210, title V, § 509, Feb. 5, 1976,
90 Stat. 76; Pub. L. 94–555, title II, § 216(d), Oct. 19, 1976,
90 Stat. 2627; Pub. L. 95–607, title III, § 301(c), Nov. 8,
1978, 92 Stat. 3066; Pub. L. 96–73, title IV, § 401, Sept. 29,
1979, 93 Stat. 557; Pub. L. 96–448, title IV, §§ 404, 405(a)(2),
(b)(1), Oct. 14, 1980, 94 Stat. 1945; Pub. L. 97–35, title XI,
§ 1162(e), (f), Aug. 13, 1981, 95 Stat. 684, 685; Pub. L.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) Essential rail service in the midwest and northeast region of the United States is provided by railroads which are today insolvent and attempting to undergo reorganization under the Bankruptcy Act.
(2) This essential rail service is threatened with cessation or significant curtailment because of the inability of the trustees of such railroads to formulate acceptable plans for reorganization. This rail service is operated over rail properties which were acquired for a public use, but which have been permitted to deteriorate and now require extensive rehabilitation and modernization.
(3) The public convenience and necessity require adequate and efficient rail service in this region and throughout the Nation to meet the needs of commerce, the national defense, the environment, and the service requirements of passengers, United States mail, shippers, States and their political subdivisions, and consumers.
(4) Continuation and improvement of essential rail service in this region is also necessary to preserve and maintain adequate national rail services and an efficient national rail transportation system.
(5) Rail service and rail transportation offer economic and environmental advantages with respect to land use, air pollution, noise levels, energy efficiency and conservation, resource allocation, safety, and cost per ton-mile of movement to such extent that the preservation and maintenance of adequate and efficient rail service is in the national interest.
(6) These needs cannot be met without substantial action by the Federal Government.
**(b) Purposes** It is therefore declared to be the purpose of Congress in this chapter to provide for—
(1) the identification of a rail service system in the midwest and
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
Page 155
TITLE 45—RAILROADS
§ 701
Sec.
722.
Records, audit, and examination.
723.
Emergency assistance pending implementa-
tion.
724.
Authorization of appropriations.
725.
Interim agreements.
726.
Debentures and series A preferred stock.
727.
Additional purchases of Series A preferred
stock.
728.
Reports to Congress.
729.
Advisory Board.
SUBCHAPTER III—CONSOLIDATED RAIL
CORPORATION
741.
Formation and structure.
742.
Powers and duties of Corporation.
743.
Valuation and conveyance of rail properties.
744.
Termination and continuation of rail serv-
ices.
744a.
End of Conrail commuter service obligation.
745.
Continuing
reorganization;
supplemental
transactions.
746.
Certificates of value.
747.
Protection of Federal funds.
748.
Abandonments.
SUBCHAPTER IV—TRANSFER OF FREIGHT
SERVICES
761 to 769c. Repealed.
SUBCHAPTER V—EMPLOYEE PROTECTION
771 to 780. Repealed.
SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
791.
Relationship to other laws.
792, 793.
Repealed.
794.
Tax payments to States.
SUBCHAPTER VII—PROTECTION OF EMPLOYEES
797.
Repealed.
797a.
Termination allowance.
797b.
Preferential hiring.
797c.
Central register of railroad employment.
797d.
Election and treatment of benefits.
797e.
Assignment of work.
797f.
Contracting out.
797g.
New collective-bargaining agreements.
797h.
Employee and personal injury claims.
797i.
Limitations on liability.
797j.
Preemption.
797k.
Factfinding panel.
797l.
Class II railroads receiving Federal assist-
ance.
797m.
Arbitration.
SUBCHAPTER I—GENERAL PROVISIONS
§ 701. Congressional declaration of policy
(a) Findings
The Congress finds and declares that—
(1) Essential rail service in the midwest and
northeast region of the United States is pro-
vided by railroads wh
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
As used in this Act, unless the context otherwise indicates, the term—
(1) “Association” means the United States Railway Association;
(2) “Commission” means the Interstate Commerce Commission;
(3) “Corporation” means the Consolidated Rail Corporation;
(4) “final system plan” means the final system plan and any additions thereto adopted by the Association pursuant to the Regional Rail Reorganization Act of 1973 ([45 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section701&num=0&edition=prelim) et seq.);
(5) “includes” and variants thereof should be read as if the phrase “but is not limited to” were also set forth;
(6) “Office” means the Rail Services Planning Office of the Commission;
(7) “railroad” has the meaning given that term in [section 20102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102&num=0&edition=prelim); and
(8) “Secretary” means the Secretary of Transportation or his designated representative.
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 802
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